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(영문) 서울서부지방법원 2014.06.20 2013고단2628

사기등

Text

Defendant

A and B shall be punished by imprisonment with prison labor for two and half years, and by imprisonment with prison labor for six months.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A A is a person in charge of the affairs of “(State) I”, an eco-friendly agro-fishery material enterprise located in H in Jeonyang-gun, and Defendant B is a certified team leader of the Korea University Industry-Academic Cooperation Cooperation Foundation Certification Center located in J in North-gu in Gwangju-gu (hereinafter “the Certification Center”), who takes charge of the affairs of eco-friendly certification of the farmers located in Seoyang-gun, and Defendant C is an agent of “M of the Co., Ltd., an eco-friendly agro-fishery material enterprise located in H in Jeonyang-gun-gun, and Defendant C is an agent of “M of the Co.

On March 27, 2012, this Certification Center was designated by the Director of the National Agricultural Products Quality Management Service as an accrediting agency for environment-friendly agricultural products and managed with the authority delegated by the State to foster environment-friendly agriculture and to protect consumers.

1. No person who violates the former Environment-Friendly Agriculture Fosterage Act shall obtain certification of eco-friendly agricultural products by fraud or other improper means.

The certification center of this case is delegated by the head of the National Agricultural Products Quality Management Service to perform eco-friendly certification work as above. Thus, it is necessary to confirm whether the above-mentioned eco-friendly certification is in conformity with the provisions of the National Agricultural Products Quality Management Service Notice, etc. and

Specifically examining the above provisions, an accrediting examiner, such as the Certification Center, must verify whether the application documents, etc. related to farming have been prepared through document review, in particular, whether the farming log for two years (in the case of organic eco-friendliness certification), or for one year (in the case of organic eco-friendliness certification), and to examine whether the agricultural products meet the standards for certification by visiting farms, etc. (in the case of eco-friendliness certification), and in particular, an on-site examination shall be conducted for areas suspected of using agrochemicals, such as soil, products, etc., and ③ potentially inappropriate during on-site examination process.