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(영문) 서울서부지방법원 2014.05.09 2013고단2629

사기등

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A From July 22, 2010 to 307, G University Business Start-up in Gwangju Northern District, Inc. B, a certification institution for eco-friendly agricultural products, is a person who actually operates the defendant's business by "J"; H "H" and "I stock company" are a seller of eco-friendly agricultural materials operated from May 2, 2012 to May 2013; I stock company is a seller of eco-friendly agricultural materials operated from around May 2012 to the date. Both representatives of the two companies are in the name of "K," which is the defendant's father's father. On the other hand, according to Article 17-2 (5) of the Environment-Friendly Agriculture Fosterage Promotion Act and attached Table 11 (4) of the same Act, "where affairs other than certification affairs are performed (including employees and certification examiners of certification institutions, such as the representative and certification examiners of agricultural materials)" and "I stock company" are unlikely to perform certification affairs or service related to eco-friendly agricultural products."

Defendant

B was established on July 22, 2010 and established for the purpose of agricultural product certification business, etc., and was designated by the Director of the National Agricultural Products Quality Management Service as an accrediting agency for environment-friendly agriculture and managed with the authority delegated by the government to foster environment-friendly agriculture and protect consumers.

Defendant

A, as a practical operator of B, finally decides whether to grant eco-friendliness by comprehensively controlling the overall certification work, and has committed the following crimes while acting as a direct certification examiner.

1. Defendant A, as an actual operator of Defendant B, finally decides whether to grant eco-friendliness while comprehensively controlling the overall certification work, and is acting as a direct certification examiner as follows.