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(영문) 광주지방법원 2014.11.06 2013고단5362

사기등

Text

Defendant

A Imprisonment for one year, Defendant B’s imprisonment for eight months, Defendant C’s fine of KRW 5,00,000, and Defendant D.

Reasons

Punishment of the crime

Defendant

A From March 2010, the representative of D Co., Ltd. (hereinafter referred to as “D”) who is an institution certifying environment-friendly agricultural products in the Jeonnnam-gun M, etc., from around March 2010, the representative of D was certified as “N”, and was certified as “N, Jeonnam-gun M, the first domicile of D, and then changed to “Y, Jeonnam-gun P,” and then changed to “Seoul-gu, Gwangju-gun P, respectively.” However, around July 2011, the representative of D Co., Ltd. (hereinafter referred to as “D”) was certified as “N,” and was an actual operator of D Co., Ltd. from around 2012.

Defendant

B served as the certification auditor and the certification team leader from March 201 to October 201, 201, and Defendant C served as the certification auditor and the certification team leader from October 201 to January 2013.

Defendant

D is a corporation established on June 23, 2009 for the purpose of certification of eco-friendly agricultural, fishery, and livestock products. On March 24, 2010, the National Agricultural Products Quality Management Service designated as an accrediting agency for eco-friendly agricultural products and managed the affairs delegated by the State to certify eco-friendly agricultural products for the fostering of eco-friendly agriculture and the protection of consumers.

Defendant

A, as an actual operator of D, comprehensively oversees the overall certification, has obtained final approval on the results of certification examination, has made final approval on the results of certification examination, has made final decision on whether to grant eco-friendly certification, and Defendant B and C have performed eco-friendly certification as an accrediting examiner, respectively. In addition, Defendant B and C have committed the following crimes while managing and supervising certification examiners' duties by conducting document review and on-site examination as an accrediting examiner, and approving the results of certification examination prepared by the certification team leader as an accrediting examiner.

1. The joint crime committed by Defendant A, B, and C (violation of the Environment-Friendly Agriculture Fosterage Act) shall be certified as environment-friendly agricultural products by fraud or other improper means;