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(영문) 제주지방법원 2018.08.14 2017고단3445
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 10 million won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B The farming association corporation is a corporation that sells livestock products after obtaining permission to conduct meat packaging business in Jeju-si, and the defendant A is the chief of the general affairs of the above company.

1. No person shall sell any product as a certified product with knowledge that it constitutes a product with a certification mark or any other mark similar thereto (or any mark likely to mislead people to believe the product is a certified product) on any product that has not obtained eco-friendly certification;

Nevertheless, at the sales outlet of the above B incorporated farming association, the Defendant sold 20,981kims equivalent to the market price of 402,305,823 won, such as Bricide and anti-aircraft slaughter, etc. from July 1, 2016 to September 12, 2017, and displayed an eco-friendly livestock product sales store outside the sales outlet with the mark "environment-friendly livestock product sales store". The Defendant posted a name tag on the sales outlet, with the mark "pro-friendly livestock product ---friendly swine ---friendly swine -" attached to the product packing.

As a result, the Defendant sold a product with a mark that is likely to mislead himself/herself as a certified product, even though he/she is aware that it is a product without eco-friendly certification.

2. Defendant B, at the time, and at the place specified in paragraph (1), the Defendant committed an offense against the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs, eco-friendlinesss, and sales details;

1. A certified copy of corporate registry;

1. B Application of Acts and subordinate statutes certifying agricultural partnership corporations;

1. Article 60(1)10, Article 30 subparag. 6 and 2 of the Act on the Promotion of Environment-Friendly Agriculture and Fishing Business, and the Management and Support of Organic Food, Etc. (comprehensively referred to as imprisonment), Defendant B farming association corporation: Article 61 and Article 60 of the Act on the Promotion of Environment-Friendly Agriculture and Fishing Business, and the Management and Support of Organic Food, Etc.

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