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(영문) 대전지방법원 서산지원 2018.03.22 2017고정313
친환경농어업육성및유기식품등의관리ㆍ지원에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a food manufacturing and processing business company called “C” in Chungcheongnam-si, Chungcheongnam-si.

No person shall advertise any non-certified product as a certified product, or advertise any non-certified product in a manner that misleads any person to believe the product as a certified product, or advertise in a manner different from the certified product.

Nevertheless, the Defendant, while operating the “C” company located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, published “C” without permission, and advertised “D” products produced in “C” as if they were certified without permission, by posting the mark of certification of an unregistered pesticide on April 22, 2017 from April 23, 2017 to September 21, 2017, although the certificate of certification of an unregistered pesticide was revoked on April 22, 2017 due to the detection of pesticide ingredients.

Accordingly, the Defendant advertised products without pesticide-free certification in the Internet shopping mall as products without pesticide-free.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on internal investigation (affixing photographs using the certification mark of agricultural chemicals without permission in a greenhouse Internet shopping mall);

1. Application of investigation reports (limited to the details of the control of enterprises using eco-friendly unregistered agrochemicals without permission, and attachment of C-site photographs);

1. Article 60 (1) 13 and subparagraph 8 of Article 30 of the Act on the Support and Management of Organic Food, Etc., concerning the relevant criminal facts, fostering the elective farming and fishing industry, and managing and supporting organic food, etc.;

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;

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