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(영문) 서울동부지방법원 2016.06.01 2015고정1900
식물방역법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of Gangdong-gu Seoul Company B, and Defendant B is an importer-distributor, such as agricultural materials.

A person who intends to import plants, and containers and packages containing or wrapping the plants, shall attach a phytosanitary certificate in the form of a phytosanitary certificate issued by the government agency of an exporting country, and a phytosanitary quarantine officer shall order the owner of the plants, etc. imported without attaching a phytosanitary certificate, to destroy or return the plants, etc. imported, and to take other necessary measures, without attaching a phytosanitary certificate.

1. Defendant A

A. On March 29, 2015, the Defendant imported 66,000km through the Busan Port without attaching a phytosanitary certificate.

B. On May 18, 2015, the Defendant violated an order issued by the plant quarantine officer of the Agricultural and Forestry Quarantine Headquarters, the Yong-Namnam Regional Headquarters of Busan Regional Headquarters, ordering the destruction or return of the above cocont to the above cocont in a free trade zone located in Busan Port D (State), but the Defendant failed to destroy or return the above cocont on July 9, 2015, the fixed period of time without justifiable grounds, and thereby violated an order issued by the plant quarantine officer to destroy or return the cocont.

2. Defendant B, the representative of Defendant B, committed such a violation in relation to the Defendant’s business at the above time and place.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made by the police suspect against Defendant A;

1. References to facts, certified copies of corporate registers;

1. A statement of the process of detection (including an order for destruction or return, and reference materials for quarantine application) (whether Defendant A is the owner or agent of the above coke as a person subject to the destruction order: According to the evidence as seen earlier, Defendant A cannot be deemed the owner of the above coke, since it is recognized that Defendant A did not possess the above coke bill of lading.

However, the following facts can be revealed by the evidence mentioned above.

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