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(영문) 광주지방법원 2016.07.13 2016고정290
비료관리법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B Co., Ltd. who produces and sells eco-friendly agro-fishery materials in No. 103 buildings of the former YD.

1. As prescribed by Ordinance of the Ministry of Agriculture and Forestry, Defendant A fertilizer business operator shall attach a certification mark, such as the period of actual distribution, to the outside of containers or packaging of ordinary fertilizers and by-products after determining the name of fertilizers, the quantity of guaranteed ingredients, and standards for manufacturing processes, and shall not sell fertilizers registered with the head of a Si/Gun/Gu or manufactured by using materials other than raw materials for manufacturing which have been reported;

Nevertheless, the defendant from March 2015 to the first police officer.

7. From the middleman’s perspective, “E” and “F”, each package of “E” and “F” produced by the said corporation B, did not indicate the names of raw materials and composite ratio, and made use of “E” and “non-registered materials,” “E” and “non-registered materials,” and sold a total of 200 fertilizers and “F” (10km) to the G golf course in the total amount of KRW 5 million.

2. Defendant B, who is his employee, committed a violation in relation to his duties as described in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of an administrative disposition in violation of the Fertilizer Control Act;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 28 subparag. 2 of the Fertilizer Control Act, Article 14(2) subparag. 1 of the same Act (the point of sale of fertilizers without a certification mark), Article 28 subparag. 2 of the Fertilizer Control Act, Article 14(2)7 of the same Act (the point of sale of fertilizers using raw materials for manufacture without registration or report), and Article 29, Article 28 subparag. 2 of the same Act and Article 14(2) subparag. 1 (the point of sale of fertilizers without a certification mark) of the Punishment Act, Article 28 subparag. 2 of the Fertilizer Control Act (the point of sale of fertilizers without a certification mark) and Article 14(2)7 of the same Act, each of which is the Defendant Company B who has the option of fine: Article 29, Article 28 subparag. 2 of the same Act and Article 14(2) subparag. 2 of the same Act (the point of sale of unregistered and reported raw materials for manufacture);

1. Defendants who aggravated concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Code.

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