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(영문) 서울동부지방법원 2017.06.08 2016고단4202

농수산물유통및가격안정에관한법률위반

Text

Defendant

A A Company shall be punished by a fine of KRW 5,000,000, Defendant B shall be punished by a fine of KRW 4,000,000, and Defendant C shall be punished by a fine of KRW 2,00,00.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a wholesale market corporation that mainly engages in agricultural and fishery products consignment, wholesale and storage business, and Defendant B is the representative director of A Co., Ltd and Defendant C is the director of the marketing team of A Co.

1. A wholesale market corporation jointly committed by Defendants B and C shall wholesale agricultural and fishery products entrusted by the shippers, and where it purchases agricultural and fishery products necessary for concurrent business, it may purchase such products from the shippers and wholesale them;

Nevertheless, from March 13, 2014 to December 29, 2014, the Defendants conspired to purchase a total amount of KRW 139,349,200,00 in the market price of agricultural products of KRW 28,855km from each person who is not the shipper, in order to supply agricultural products operated concurrently by the said company (divided and packed) to the CJF, and purchased total of KRW 52,122,247kg from each other, including (State) in the list of crimes in the attached Table, from March 1, 2014 to December 30, 2014, as shown in the list of crimes.

2. Defendant A, who is an employee of the Defendant, committed a violation as above in relation to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness G;

1. Each police statement made to G, H and I;

1. Each investigation report and J details thereof;

1. Application of the judgment (Seoul Administrative Court 2015Guhap 73651), the text of the judgment (Seoul High Court 2016 Nu 46054) and statutes

1. Article 89, Article 88 Subparag. 7, and Article 31(1) B and C of the Act on the Promotion of Distribution and Price of Agricultural and Fishery Products: Subparagraph 7 of Article 88 and Article 31(1) of the Act on the Stabilization of Distribution and Price of Agricultural and Fishery Products; Article 30 of the Criminal Act; Selection of fines;

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

1. Articles 70(1) and 69(2) of the Criminal Act (Defendant B and C) are confined in a workhouse.