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(영문) 대전지방법원 천안지원 2019.10.08 2019고정420
농수산물의원산지표시에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in the Gangnam-gu Seoul Metropolitan 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 as such.

Nevertheless, the defendant from March 14, 2019 to the same year.

4. Until December 22, 200, in the above restaurant, from the “E” located in Asan-si D, China-China Kim 150 km, and offered 115 km among them to customers who find a restaurant, the country of origin labeling was indicated as “Sechi, red powder (domestic acid, heavy country)” on the plate of origin labeling.

Accordingly, the Defendant expressed the origin in a false manner.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the violating enterprise;

1. Application of Acts and subordinate statutes to investigation reports (the current status of sales of traditional kimchi submitted to the E);

1. Article 14 (1) and Article 6 (2) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Selection of fines for criminal facts;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all recognized, and there is no previous case.

However, there are many kinds of kimchi provided to customers by indicating the origin in a false manner.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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