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(영문) 대구지방법원 2018.04.13 2017고정2069
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a D representative located in Daegu Dong-gu C.

No act of advertising any non-certified product as a certified product, or advertising in a manner that makes it possible to mislead people to recognize such product as a certified product, or advertising in a manner different from the certified product.

Nevertheless, from July 30, 2014 to October 12, 2017, the Defendant: (a) as if he/she obtained a certification of environmentally friendly agricultural products from an institution designated by the Ministry of Agriculture and Forestry and Fisheries in the Internet site “E” operated by the Defendant; and (b) as if he/she obtained a certification of environmentally friendly agricultural products from an institution designated by the Ministry of Agriculture and Forestry and Fisheries for agricultural and fishery products; (c) he/she will put in front of the Dok-ro flab head of a safe food-friendly fla

In order to make an advertisement with the content of "as of the certification of eco-friendly food service companies as at the time of the certification of eco-friendly quality of Saturdays," it has been sold after receiving KRW 5 km 5 g, KRW 38,000, KRW 50, KRW 10kg, KRW 2kg, KRW 33,000, KRW 5kg, and KRW 40,000.

2. Defense and determination of the defendant-appellant

A. The Defendant’s defense counsel did not replace a certificate in the past where the certification period has expired on the Saturdays sales website operated by the Defendant, and the Defendant actually received and sold soil and sand certified as agricultural product-friendly to agricultural chemicals.

The argument is asserted.

B. As evidence consistent with the facts charged in the instant case, the output of the Internet sales site and the statement of the Defendant’s police interrogation protocol were recorded in the online sales site’s suspect interrogation protocol, it was recognized that agricultural product certification (personal identification number F) for which the certification period has expired was posted in the above online sales site, and that agricultural product certification numbers for unregistered agricultural products, the certification period of which has expired in the Defendant’s police’s statement at India, had been posted on the above online site.

However, according to the statements, etc. of the witness G in this court, the defendant is the Dong name Agricultural Cooperative that has handled only the soil that has obtained eco-friendly agrochemicals certification.

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