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(영문) 대구지방법원 2013.11.29 2013고정2502
농수산물의원산지표시에관한법률위반
Text

Defendant shall be punished by a fine of one 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 cooks and sells agricultural and fishery products while operating a general restaurant in Gyeonggi-si B.

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.

Nevertheless, from early July 2013 to July 24, 2013, the Defendant purchased at KRW 58,000 2 mark Kimchi (titled trademark) manufactured from “Emart” located in Sinsan-si (Emart) in Sinsan-si and from “Seoul-si, China-China,” in Korea.

During the above period, the Defendant provided the sold mountain kimchi purchased as above for the purpose of supporting it, provided it to unspecified consumers who find a restaurant by falsely marking the country of origin of the red red powder on the marking board of origin as "domestic acid," and provided it as a counter-convening 15 km of the sold mountain kimchi 15 km, and kept the remainder 5 km of the sold mountain kimchi in the business to provide it for the same purpose.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Articles 15 and 6 (2) 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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