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(영문) 전주지방법원 군산지원 2016.08.10 2016고단404
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a wholesale and retail business of livestock products under the name of "D" in the Dosan-si, Jeollabuk-do.

No person shall place an organic label or any similar label (including any label that is likely to mislead people to believe that such label is a human evidence and any other mark in a foreign language or foreign language related thereto) on any non-certified product.

From February 2, 2015 to February 29, 2016, the Defendant purchased at KRW 568,001,518, 30 of the General column (specific column) that did not obtain the certification of anti-biotics from “F” located in the Gun of Jeollabuk-do, Jeollabuk-do. 30 of the General column (specific column) that did not obtain the certification of anti-biotics from “F” located in the Gun of Jeollabuk-do.

From February 2, 2015 to March 4, 2016, the Defendant re-sealeded the general column (special column) purchased as above in the above D as “G” with the product name, and marked the phrase “non-biotic-free” on the product Stackers, and put a mark on the product Stacks that could mislead consumers into being the column for which no anti-biotic-free certification was granted, and sold 46 G 30 retail stores located in the Gunsan-si in Jeonrado, North Korea-si, Harasan-si (4,987 won per 1 board) for KRW 138,751,470.

Accordingly, the defendant put a mark that is likely to mislead the defendant to recognize the non-certified product as a certified product.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written Statement;

1. Product photographs, products stickers, and boats;

1. Application of investigation reports (F Visit Results), investigation reports (Sales details of the violating product), G sales details, and sales details by customer Acts and subordinate statutes to the relevant Acts and subordinate statutes;

1. Article 60 (1) 5 and subparagraph 2 of Article 30 of the Act on the Support for the Management of and Support for Organic Food, Etc., concerning the relevant criminal facts, fostering the elective farming and fishing industry, or managing organic food, etc.;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the crime of this case where the defendant falsely indicates the certification of antibiotics livestock products is not good, but it is not good to commit the crime of this case. However, the general column of this case is antibiotics.

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