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(영문) 창원지방법원 통영지원 2017.02.15 2016고정490
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

C is a person who engages in the distribution and sale of fishery products under the trade name of “E” in Tong-si, Si-si, and the Defendant is a person in charge of production-related affairs as the former duties of F Co., Ltd. engaging in food manufacturing business.

No person shall place a certification mark or any other mark similar thereto on an uncertified product, or make a mark, etc. likely to mislead people to recognize the product as a certified product.

In doing so, the Defendant, who sold “a liver letter” to G, which is the online shopping mall site, was willing to advertise as if it was a product made by a white bridge shotly.

From March 25, 2016 to June 29, 2016, the Defendant and C conspired with each other to register the goods “compile boom” at G on the online shopping mall site G, entered them into the product information page as “new domestically-free antibiotic product”, and indicated them as “health-free antibiotic product domestically-made product”, and indicated them as “health-free antibiotic product certified.”

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A detailed statement of the purchase of each advertisement closure photograph, white bridge bridges, a producer of white bridges, transaction details, and sales details;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant laws and punishment concerning facts constituting an offense, fostering of environment-friendly farming and fishing industries, and managing and supporting organic foods, etc., Article 60 (1) 5 and Article 30 subparagraph 2 of the Act on the Management and Support of Specific Foods, Etc., and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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