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(영문) 대구지방법원 2014.10.17 2014고정1987
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who actually operates a restaurant called C in Daegu Northern-gu B.

No person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall place a false indication of the place of origin or place a mark likely to cause confusion therewith.

Nevertheless, from May 10, 2013 to March 28, 2014, the Defendant purchased 841kg of the Chins of Chile, the 80kg of the Ahins of the Ahins of the Ahins of the Ahins of the Ahins of the Ahins of the Ahins of the Republic of Korea, and indicated the false indication of the origin of the Ahins of the Amins of the Amins of the Republic of Korea and the origin of the Amins of the Amins of the Republic of Korea and the origin of the Amins of the Amins of the Amins of the Republic of Korea to an unspecified customer who found the restaurant as the “Bregrriergg

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the statement of detection, a copy of the corrective order, a photograph of violation of origin, a photograph of evidence of violation of origin (report on the purchase details of swine meat), a report on the purchase of livestock products, a copy of 14 copies of the ledger of customers to purchase livestock products, a criminal investigation report (a summary of suspect's statement and specific amount of violation), and the Acts and subordinate statutes of the statement of purchase details of imported acid (Chilesan, German acid) after May

1. Articles 15 and 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and selection of fines concerning facts constituting a crime;

1. The fact that the act of falsely indicating the origin of agricultural and fishery products on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act requires strict punishment as to undermining good order in the distribution of agricultural and fishery products and undermining consumer trust is unfavorable to the defendant. However, the defendant confessions the facts of the crime and reflects his/her wrongness, the defendant has no record of being punished as a crime related to the above restaurant business, and is engaged in various community service activities, and the defendant's age, character and behavior, character, intelligence and environment, family relationship, motive, means and result of the crime after the crime.

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