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(영문) 대구지방법원 2017.06.28 2017고정800
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a mushroom cultivation farm under the trade name “C” in Cheongbuk-do, Cheongbuk-do.

No person shall sell products which are not certified as environment-friendly agricultural products with a certification mark or any other mark similar thereto, or store, transport or display them for sale, with knowledge that they are marked differently from the certified contents.

Nevertheless, the Defendant displayed mushroom as an identification number F, which is an environmentally friendly agricultural product (pesticide) on January 5, 2016 through January 25, 2017, the Defendant: (a) sold dried trees five 19.53km; and (b) mushroom five 23.1km at a cooperative located in Daegu-gu, Daegu-gu, Seoul-gu, on January 31, 2017, by marking it as an identification number F, which is an environmentally friendly agricultural product (pesticide); and (c) sold dried trees to E, namely, five 15.58 Kggs and five 390kgs.6gs.

As a result, the suspect has sold the uncertified wood as a certified product with a certification mark on the mushroom.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate;

1. Investigation report (the result of the certification of E-Friendly Environment) (the result of the certification of a mushroom verification), the results of inquiries into certification information, the investigation report (the verification of the details of E-Sale), one copy of the aggregate of sales of E-Vs, the investigation report (the verification of the details of H's shipping) and the investigation report (the quantity of the violated objects specified);

1. Application of evidence and photographs in violation of the Environment-Friendly Agriculture and Fishing Business Act, and statutes governing field photographs;

1. Article 60 (1) 5 and Article 30 (2) of the Act on the Support of and Management of Organic Food, Etc., and Selection of fines for criminal facts;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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