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(영문) 서울중앙지방법원 2013.10.18 2013고정4166
농수산물의원산지표시에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operated a general restaurant in which only orders are delivered in the name of “B”.

1. From October 15, 201 to April 26, 2013, the Defendant violated the Act on Origin Labeling of Agricultural and Fishery Products, after cooking and selling to unspecified consumers an amount equivalent to KRW 21,350 g 28,734,370 from the place of business of “B” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of public relations, and falsely indicating the origin of rice on a public relations machine for the purpose of advertising kept in the place of business. The Defendant visited offices, stores, etc. to publicize the place of business and distributed a merz plate for public relations purposes.

As a result, the Defendant made a false indication of origin or made an indication that may cause confusion.

2. On April 19, 2013, the Defendant in violation of the Food Sanitation Act used as food materials at the same place.

After the expiration of the remaining circulation period ( April 15, 2013), five items, such as 400g 10, and five items, such as manufacturing source and distribution period, determined by the Food Sanitation Act, are stored in the cooling house for cooking purposes, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the records of seizure and the list of seizure;

1. Entry of the Director of the Public Administration;

1. Application of the video Acts and subordinate statutes to the control site photograph;

1. Relevant Article on criminal facts, Articles 15 and 6 (2) 1 (the point of origin labeling is likely to be false or confused), Article 97 subparagraph 6 of the Food Sanitation Act, Article 44 (1) (the point of storage of foods for which the distribution deadline expires), Article 97 subparagraph 1 of the Food Sanitation Act, Article 10 (2) of the Food Sanitation Act (the point of storage of foods without the food labelling standards), and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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