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(영문) 인천지방법원 2017.01.20 2016고정2781
식물방역법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

A person who intends to import plants shall submit a phytosanitary certificate issued by the government agency of an exporting country in the form of plant quarantine certificate provided for in the International Plant Protection Convention.

A plant quarantine officer shall order the owner or his/her agent to destroy or return plants, etc. imported without attaching a phytosanitary certificate, and take other necessary measures, and the agent who has been entrusted by the owner or the owner of the plant subject to phytosanitary measures with the authority to dispose of the plants, etc. shall comply with the order within the period of destruction or return under the provisions of

Nevertheless, on April 15, 2016, the Defendant was well aware of the fact that 3,00 (25 boxes) shipmasters in China should submit a phytosanitary certificate while importing 3,00 persons (25 boxes). However, the Defendant submitted a forged plant quarantine certificate issued by the Chinese plant quarantine authority, not a plant quarantine certificate issued normally by the Chinese plant quarantine authority, and submitted a forged plant quarantine certificate received from the plant quarantine authority, and did not submit it again.

In addition, on May 11, 2016, the Defendant received an order from the phytosanitary authority for destruction or return on the ground that the phytosanitary certificate was not accompanied by the phytosanitary certificate, but did not comply with it until July 5, 2016.

Ultimately, the Defendant did not attach a phytosanitary certificate while importing the instant grave, and for this reason, the Defendant failed to comply with an order issued by a phytosanitary inspection agency on May 11, 2016 to discard or return the instant grave, which was issued on July 5, 2016, for more than 50 days until July 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of demanding supplementation of quarantine certificate, notice of demanding extension of the period for performance of order for destruction, and notice of demanding destruction;

1. Application of Acts and subordinate statutes to on-line phytosanitary verification ( Chinese quarantine authority);

1. Article 47 of the Plant Protection Act concerning facts constituting an offense and Article 47 subparagraph 2 of the same Act regarding selective punishment;

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