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(영문) 부산지방법원 2017.05.17 2017고정151
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

No one shall advertise any product which has not obtained certification of environment-friendly agricultural and fishery products as a certified product or advertise such product to be misled as a certified product.

The Defendant, an online shopping mall, is a mail order distributor who sells goods under the name of “B” in the name of the seller of “B” in the Internet shopping mall. From August 2, 2016 to August 12, 2016, the Defendant posted a letter stating that the name “E” was sold under the name of “B” in the name of “B” in the name of the seller of “B” and, from August 12, 2016, the Defendant advertised a product that was not certified as a certified product or advertised that was not certified as an environmentally friendly agricultural and fishery product as a certified product, from August 2016 to August 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Report on internal investigation by the police (Attachment - Attachment of the result of human donation inquiry - Non-certification, attachment of certification marks, E representative G telephone conversations, etc., H telephone communications by a person who produces bracks);

1. Application of Acts and subordinate statutes on the closure screen;

1. Article 60 (1) 13 and Article 30 subparagraph 8 of the Act on the Support for 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant is the primary offender; (b) the circumstances leading up to the instant crime; and (c) the Defendant’s age, sexual conduct, environment; (d) motive, means and consequence of the crime; and (e) the circumstances constituting conditions for sentencing, such as the circumstances after the crime, shall be mitigated than the summary order.

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