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(영문) 광주지방법원 목포지원 2016.10.21 2016고정180
임업및산촌진흥촉진에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Violation of the Forestry and Mountain Village Development Promotion Act;

A. Defendant A1) around July 12, 2006, the Defendant is the actual representative of the E Farming Cooperative established to grow mountain ginseng in the Masan-gun, YA. Where a producer intends to distribute and sell mountain ginseng, which is a special management forest product, a specialized institution, a quality inspection shall be conducted in advance at a specialized institution. Nevertheless, on July 3, 2015, the Defendant sold mountain ginseng of 100 and 100 mountain ginseng of 8 years old and over 2-4 years old, which had passed the quality inspection from the Korea Forestry Promotion Institute, a specialized institution, to the Defendant B for KRW 5 million. 2) On July 12, 2015, the Defendant passed the quality inspection from the said E Farming Cooperative, a specialized institution, to KRW 200,000,000 for KRW 8 years old and over 2-4 years old and over 2-4 years old and over 400,000,000 won.

As a result, the Defendant sold and distributed approximately 1,400 ppuris around 2-4 years old, which did not undergo quality inspections.

B. Defendant B, as a person who sells mountain ginseng from Gamblinger in Youngnam-gun F, was notified from July 3, 2015 to Defendant B of the fact that mountain ginseng was purchased from 10,000 won from 2-4 years ago and was not sold due to quality inspection. However, on August 25, 2015, Defendant B sold 10 ppuri out of the above Gamblinger to unspecified customers for KRW 50,00.

2 Defendant A’s violation of the Food Sanitation Act from July 3, 2015

7. Until December, 12, the above E Farming Association sold approximately 1,400 puous flusium 1,400 puous flusium 5.68mg, an agrochemical, to B without undergoing quality inspections.

As a result, the Defendant sold food exceeding 1.36 times the pesticide residual standards (0.5mg) of forest products determined by the food standards and specifications.

Summary of Evidence

1. Defendants’ respective legal statements

1. The witness H’s legal statement.

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