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(영문) 대전지방법원 2019.02.12 2018고정1227
농수산물의원산지표시에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant “D” in the building C in Sejong City.

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.

From February 2, 2018 to August 7, 2018, the Defendant purchased at KRW 3,587,900 of 'F' in Seo-gu Daejeon, Seo-gu, Daejeon, for the purchase in KRW 924km, for KRW 3,587,90. From April 2, 2018 to August 7, 2018, the Defendant purchased at KRW 123.4kg of 123.4kg of German swine and 925,500 won of rice in KRW 370,000,000.

From the date of the purchase by item to the time of detection of August 8, 2018, the Defendant indicated D’s origin mark as “D’ restaurant overlaps with the instant swine machine - Germany,” “rice-US acid,” and “wecan machine-Korea brote acid,” and sold 36,154,695 won after cooking 913km out of the purchase volume as “brute 1,20 g, such as a small-scale wind, etc.,” and selling it in 36,154,695 won, after preparing 119.4km of German swine machine 119.4km and 50 g of German swine machine 1,91,000 won and 1,911,000 won, and prepared 40 km rice b.20 g and 100 g,000 g,000 g and 100 g,00 g,00 g,00 g.

Accordingly, the Defendant indicated the origin of foreign agricultural products cooked and sold as “domestic and foreign origin”, thereby making an indication that may cause confusion as to the origin.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate, on-site evidence photograph, and a statement of detection;

1. Application of Acts and subordinate statutes governing specification of transactions;

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products for Criminal Facts and Selection of Punishments;

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