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(영문) 수원지방법원 2018.02.14 2018고정11
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

In light of the records of this case, there is no obstacle to the defendants' exercise of their right to defense, and the basic facts were appropriately revised to the same extent.

Defendant

Agricultural Company B is a corporation with the purpose of selling agricultural and fishery products, processed agricultural products, etc., and Defendant A is the representative of Incorporated Agricultural Company B.

1. No person shall advertise any product that has not been certified as a certified product, advertise such product to make it misleadingly recognizable as a certified product, or advertise such product differently from the certified product;

Although the term of validity of C’s certification of low agricultural products has expired on December 31, 2015 (Waiver of certification as of July 25, 2014), the Defendant advertised products without certification as certified products by stating the phrase “A(20km) E” in the Internet mail order site at the office of the agricultural company B located in Suwon-gu, Suwon-gu, Suwon-si, as of October 10, 2017.

2. Defendant A, the representative of Defendant A, at the same time and place as in the preceding paragraph, committed the above violation.

Summary of Evidence

1. The defendant A's partial statement

1. Application of investigation reports (the photograph of products posted on the website for Internet mail order), investigation reports (the results of inquiry into the environment-friendly certification and management information system), investigation reports (the certificate of business registration)B business registration and the certificate of report on communications sales business;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 60 (1) 13 and Article 30 subparagraph 8 (Selection of Penalty) of the Act on Fostering Environment-Friendly Farming and Fishing Business and Managing and Supporting Organic Food, Etc.;

B. Defendant Incorporated Company B: Fostering eco-friendly farming and fishing industry and organic food, etc.

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