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(영문) 수원지방법원 성남지원 2014.04.02 2014고정205
비료관리법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is engaged in the fertilizer sales business while operating the “C” in Seongbuk-gu, Sungnam-gu.

No fertilizer business operator shall transfer, display, sell or distribute fertilizers without a mark of certification.

Nevertheless, around 13:26 August 23, 2013, the Defendant displayed for sale of packed fertilizers at the above C Burial without a certification mark, and around that time, displayed and sold fertilizers without a certification mark to many unspecified persons.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes to wrongful or inferior fertilizer report;

1. Article 28 of the relevant Act on the facts constituting an offense, subparagraph 2 of Article 28 and Article 14 (2) 1 of the Fertilizer Control Act on the Selection of Punishment, and Selection of Fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is alleged to be not in violation of the Fertilizer Control Act because the Defendant did not have the obligation to indicate the guarantee to the fertilizer seller, and thus, in full view of the Fertilizer Control Act and the Enforcement Decree, there is no obligation to indicate the guarantee to the fertilizer seller. However, pursuant to Articles 28 subparag. 2 and 14(2)1 of the Fertilizer Control Act, a fertilizer seller is prohibited from selling fertilizers without an indication of the guarantee. According to Article 2 subparag. 6(c) of the Fertilizer Control Act, a fertilizer seller is included in the fertilizer seller under the above Act. Thus, the Defendant’s assertion is rejected as it constitutes a violation of the above Act to sell fertilizers without

In the event that a fertilizer producer, etc. does not sell a small quantity of packed fertilizers, the Defendant and the same tenant appear to have to have to purchase and subdivide a fertilizer with a surety mark, and then sell it to consumers again. However, the above circumstance alone does not constitute a violation of the above law, and the sentencing is merely imposed.

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