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(영문) 서울북부지방법원 2017.03.17 2017고정173
임업및산촌진흥촉진에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant sold the mountain ginseng, such as mountain ginseng, at a trade name in Jung-gu, Seoul and the first floor.

When a producer, importer, or seller intends to distribute, sell, or clear forest products subject to special management, he/she shall indicate the quality in a location easily recognizable to consumers, and shall not indicate the quality in a false manner.

Nevertheless, on September 3, 2016, the Defendant printed 8,000 'Ysansan Mountain Complex' in the name of the president of the Korea Forestry Promotion Association, which is a quality inspection institution, under the name of the head of the Forestry Quality Management Association, which includes a certificate of passing the quality inspection of forest products under the name of the head of the Forestry Products Quality Management Association, and then sold 8,000 'Ysan Mountain Complex' in the name of the head of the Korea Forestry Promotion Agency. From around that time to September 23, 2016, to many unspecified number of customers who discovered the above store from September 23, 2016, 200 'Ysansansansan Purchase Complex' in the name of the head of the Korea Forestry Promotion Agency, which is a quality inspection institution, and sold 850 'Ysansansan Mountain Complex' in the name of the head of the Korea Forestry Promotion Agency, which is a quality inspection institution 7.5 million to KRW 9 million.

As a result, the Defendant sold a mountain scam, which is a special management forest product, and displayed a false quality.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Promotion complex;

1. Application of the statutes on images of each photograph;

1. Article 32 subparagraph 4 of the Forestry and Mountain Villages Development Promotion Act and Article 18-6 (2) of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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