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The judgment below
The non-guilty part on violation of the Control of Livestock and Fish Feed Act shall be reversed.
Defendant 1,000,000 won.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor that attempted to commit fraud, the defendant can be found to have sold it to the victim with the knowledge of the expiration of the period of distribution of feed and intended to acquire the price by fraud, but the court below erred in the misconception of facts that found the defendant not guilty
B. According to the provisions related to the Control of Livestock and Fish Feed Act and the Control of Livestock and Fish Feed Act, selling the feed, the distribution period of which has expired, constitutes a case where the feed was not manufactured, used, or preserved in accordance with the feed process, the lower court acquitted the Defendant.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding attempted fraud, it is difficult to recognize that the Defendant intended to sell the same to the victim even though he/she knew of the excessive expiration of the period of distribution of feed, and there is no other evidence to acknowledge it otherwise.
Therefore, the prosecutor's assertion on this part is not accepted.
1) Japanese feed No. 1 sold by the Defendant to the victim (hereinafter “instant feed”)
The date of manufacturing is written on May 29, 2015, and the fact that the expiration date is 18 months from the date of manufacturing is attached.
However, the Defendant was aware of the distribution period of the instant feed for two years, and the other aquaculture operators who supplied the same feed as the instant feed have been aware of the distribution period of the instant feed for two years until the instant feed occurred, and the distribution period of the instant feed differs for each feed. A feed seller and aquaculture business operator are deemed not to trade in checking the distribution period on a daily basis. While the date of manufacturing the instant feed is written in a large amount of writing on the upper part of the feed for the feed for the lower part of the feed for the feed for the lower part.