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(영문) 대전지방법원 2018.06.28 2018고정95
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a food-manufacturing and selling company under the name of “D” in Seosan-si.

No person shall place an advertisement of any non-certified product as a certified product or an advertisement in a manner that misleads any person into thinking the product is a certified product, or advertise in a manner different from the certified product.

Nevertheless, the Defendant from April 25, 2017 to the point of view.

9. By April 25, 2017, when manufacturing red scarf products, etc. at the foregoing “D” office, and selling them through the Internet homepage, etc., the products, which were sold with marks, which were revoked on April 25, 2017, advertised as if they were products certified as pro-friendly environment-friendly products, and sold approximately KRW 30 million manufactured foods.

Summary of Evidence

1. Partial statement of the defendant;

1. Photographss by capturing a D Internet homepage;

1. Details of revocation of an eco-friendly inquiry system;

1. Details of sales, application of statutes on site photographs;

1. Article 60 (1) 12 and Article 30 subparagraph 7 of the Act on the Management of and Support for Organic Food, Etc., and Selection of fines for criminal facts, and Article 60 (1) 12 and Article 30 of the same Act;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant’s defense counsel as to the assertion of a person related to the lawsuit as to the grounds for posting the mark of agricultural product certification without agricultural chemicals on the website even though the suspension of execution was not past record, and even if the certification of agricultural product without agricultural chemicals was revoked on April 22, 2017, etc., due to negligence in managing the commissioning enterprise, etc.), under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Seosan Branch of the Daejeon District Court on March 22, 2018 and Supreme Court Decision 2017Da313, March 30, 2018, which became final and conclusive on March 30, 2018, and thus, the facts constituting the offense in the instant case and the judgment that became final and conclusive are one inclusive, and thus, the judgment of acquittal

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