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(영문) 부산지방법원 동부지원 2018.11.14 2018고정619
농수산물의원산지표시에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person operating a general restaurant that mainly prepares soup and soup, soup, and soup, etc. in the name of “C” in Busan Shipping Daegu B.

A person who sells or provides agricultural and fishery products or the processed products thereof after cooking shall not make a false indication of the place of origin or make an indication likely to cause confusion therewith.

Nevertheless, around April 10, 2018, the Defendant: (a) prepared a soup “Aro-gu,” using the frozen flag of China, and entered “Aro-gu,” in the “name of food materials” column; (b) made a false indication of origin in the “place of origin” column; and (c) made a false indication of origin in the “place of origin” column.

Summary of Evidence

1. Statement by the defendant in court;

1. Suppression photographs;

1. Application of Acts and subordinate statutes to a copy of a business report;

1. Article 14 (1) and Article 6 (2) 1 of the Act on the Origin Labeling of Agricultural and Fishery Products and Selection of fines concerning facts constituting an offense, and Article 14 (1) and 6 (2) 1 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “C”) on the order of provisional payment, false entry of the origin of the ASEAN, which is the most important material of the cafeteria restaurant, was made by the ASEAN, and the crime was committed against the ordered customers. As such, the crime is very poor.

The amount of fine shall be determined and sentenced as ordered.

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