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(영문) 수원지방법원 2021.03.25 2020고단7373

물가안정에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Where a person sells at least 10,00 macks on the same day to the same selling place in accordance with the "Emergency Demand and Supply Adjustment Measures for Esk and hand-free disinfection", he/she shall report to the Minister of Food and Drug Safety the unit price, sales volume, sales place, etc. by no later than 12th day following the following day.

Nevertheless, around 01:00 on February 25, 2020, the Defendant sent 115,500,000 Makkkkkkk for health at the front of the factory in the Nam-gu Incheon Metropolitan City B Corporation, and sold it by delivery of 115,50,000 won to the Busan Gangseo-gu C, and did not report it to the Minister of Food and Drug Safety, and sold 135,000 Makkk for health for five times in total as shown in the list of crimes in the attached list of crimes, but did not report it to the Minister of Food and Drug Safety, thereby violating emergency supply and demand adjustment measures.

Summary of Evidence

1. Defendant’s legal statement, the current status of the transaction of make, the electronic tax invoice investigation report (i.e., confirmation of the details of “emergency supply and demand adjustment measures”, and the details of the public notice given by the public officials in charge of food and drug safety management);

1. Application of Acts and subordinate statutes to report internal investigation (suspect A's confirmation and investigation);

1. Article 25 (1) and Article 6 (1) of the Act on the Stabilization of Price for the Crime concerned and the Selection of Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s age, sex, intelligence and environment, including the fact that there is no criminal record during the period of probation or the same kind of criminal record, violates the emergency supply and demand adjustment measures implemented by the State in the context of spreading contagious diseases with the reason of sentencing in Article 334(1) of the Criminal Procedure Act. The quantity of the sold Makek is considerable, recognized and contradictory to the fact that there is considerable error, and that there is no undue purpose for the Defendant.