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(영문) 광주지방법원 2017.11.23 2017고단3625
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall obtain certification of organic food, etc. by fraud or other improper means.

Although the Defendant did not actually cultivate a private and dry field located in the Southern-gun B, C, and D, the Defendant prepared a false lease agreement and prepared a false management-related data as the Defendant cultivated a private and dry field from the above land, as he did not actually cultivate it.

On July 15, 2016, the Defendant applied for the certification of unregistered agricultural products to the “land farming association corporation,” which is an eco-friendly certification institution located in the 16th of Seo-gu, Seo-gu, Gwangju, for the foregoing certification of agricultural products, and submitted lease agreements and management-related data, and received the certification of unregistered agricultural products on August 10, 2016.

As a result, the Defendant obtained certification of organic food, etc. by fraud or other improper means.

Summary of Evidence

1. Statement made by the defendant in court against F and G by each special judicial police officer;

1. Application of Acts and subordinate statutes to a report on field photographs, certificates of certification, results of deliberation on certification by detailed item, results of examination of certification, results of examination of certification, data on examination of certification of environment-friendly agricultural products, field photographs, etc., results of examination, results of examination of certification, results of examination, results of examination, records of examination, public disclosure and quality certification, sample collection, notification of a plan for examination of certification of environment-friendly agricultural products, applications for certification, ledgers of old land, farmland lease contracts, transaction specifications

1. Article 60 (1) 4, Article 30 subparagraph 1, and Article 20 of the Act on the Support for the Development of Environment-Friendly Agriculture Business and the Management of Organic Food, Etc. (wholly amended by Act No. 14305, Dec. 2, 2016) concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is contrary to the purpose and intent of formulating the certification system of organic food, and thus, it is bound to connect with the acquisition of unlawful profits.

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