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(영문) 서울서부지방법원 2016.09.29 2015고단2394
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

Defendants are not guilty. The summary of this judgment is to be disclosed to the Defendants.

Reasons

Ⅰ. The summary of the facts charged in this case is that Defendant A operates Company D and manufactures and sells products, such as “J”, at the YY I in the Gyeonggi-Nam-si, Madong-si, and Defendant B is an employee of Company D who manufactures and sells products, such as “J” and Defendant D is a corporation established for the manufacture, distribution, and sale of products, such as the above “J”. Defendant C is a person who is the head of the fishery team of the Company E, and is in charge of the inspection before and after the entry of the products and the fishery team. Defendant E (Representative K) is a corporation that engages in the fishery products wholesale and retail business.

1. No person shall place a certification mark or any similar mark on a product that fails to obtain certification of fishery products from an anti-biotic product, or put a certification mark that is likely to mislead any person into thinking such product is a certification product;

Nevertheless, on June 4, 2013, the Defendants conspired to sell products, such as J, L, M, etc., to the trade name of S, and sold them to companies, such as O, P, Q, R, and S, by selling 1,162 total market price of 2,934,952,280 won from June 4, 2013 to August 15, 2015, by being aware that the private goods-free fishery products, which were raw materials, were not certified as marine products.

2. The Defendant D Co., Ltd., the representative of the Defendant D Co., Ltd., sold the stolen products, etc., which were not certified as non-anti-biotic fishery products in relation to the Defendant’s business, using a mark that could mislead the Defendant into being a certified product.

3. No person who has failed to obtain certification of fishery products without antibiotics shall place a certification mark or any other mark similar thereto, or put a certification mark that is likely to mislead himself/herself into being a certified product;

The defendant on June 2013.

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