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(영문) 창원지방법원 2014.02.14 2013고정1479
비료관리법위반
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Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of B farming association in Kim Sea-si C, and the defendant B farming association is a corporation established for the purpose of the formation of a ridge and the production of fertilizer.

1. A person who intends to engage in the business of producing, selling, distributing or supplying defendant A fertilizers free of charge shall register the raw materials, guaranteed ingredients, etc. for each kind of fertilizer with the competent Mayor, as prescribed by Presidential Decree;

Nevertheless, from November 1, 201 to July 3, 2013, the Defendant, without registration, cultivated up to 11 greenhouses 11 to 2,000 square meters, and sold 112 to 5,000 tons of 112 ton of 140 ton of 140 ton of ridges, from among the fertilizers produced by the ridges, which are produced by using the ridges as raw materials.

2. The Defendant B produced and sold fertilizers without being registered with the competent authority as provided in paragraph (1) in relation to the Defendant’s business at the time, place, and at the time, place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation and a written statement;

1. On-site photographs and written confirmation of detection;

1. Business registration certificate, corporate register, and public notification of the Rural Development Administration;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 2 of Article 27 and Article 11 of the Fertilizer Control Act (Selection of Fine);

(b) Defendant B farming association: Articles 29, 27 subparagraph 2, and 11 of the Fertilizer Control Act;

2. Articles 70 and 69 (2) of the Criminal Act (Defendant A).

3. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.

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