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(영문) 대구지방법원 2013.06.19 2013고정1081
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who moves Daegu large belt using cargo (B) owned by him/her and sells agricultural and fishery products at a street store.

A person who sells or processes agricultural products or processed agricultural products shall mark the country of origin on the raw materials of the relevant agricultural products and processed agricultural products, and shall not mark them falsely, nor sell them with marks likely to cause confusion.

From October 2012 to November 19, 2012, the Defendant: (a) purchased agricultural and fishery products distribution business entity’s “C Distribution (Seoul Dongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

The Defendant, for the above period, has loaded and moved a Chinese black mushroom whose country of origin has been damaged in Daegu Japan into a cargo vehicle (B) owned by the Defendant, broadcast the country of origin as “ farm direct transmission” using ampample, ample, ample, etc. for vehicle broadcasting, and falsely advertised the Defendant to the consumers who purchase the black mushroom, as “heatsan dominant,” and sells a total of KRW 7,000,000 at the price of KRW 10,00 per kilogramg.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs on the violation site;

1. Relevant Articles 14 and 6 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and the Selection of Punishment for Criminal Facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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