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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for two years.
, however, the defendant.
Reasons
1. Judgment on Defendant A
A. A. Around October 15, 2007, the Defendant entered the general managing director of G Co., Ltd. (hereinafter “G”) located in the Daejeon Seo-gu Seoul Special Metropolitan City F (hereinafter “G”), and took overall charge of G’s practice (at that time, the representative director was the Defendant’s external third village). Around March 1, 2010, the Defendant was appointed as the representative director and took overall charge of G’s affairs.
G from August 2006 to Daejeon Metropolitan City, the I fishery products market (hereinafter “fishery products market”) located in F from Daejeon Metropolitan City is leased to assign intermediate wholesalers belonging to the Daejeon Metropolitan City to wholesale market the wholesale and retail places of fishery products, purchase fishery products, such as active fish, fresh fish, and fish and shellfish, and supply them through auction to intermediate wholesalers, and receive the amount equivalent to 0.5% of the sales price as commission.
Article 23(1) of the Daejeon Metropolitan City Ordinance on the Management and Operation of Agricultural and Fishery Products Wholesale Market (hereinafter “K”) provides that “The head of the Si may give preferential treatment to excellent persons in allocating the area of use of facilities in accordance with the result of the evaluation of intermediate wholesalers,” and the head of the Daejeon Metropolitan City Ordinance on the Management and Operation of the Agricultural and Fishery Products Wholesale Market (hereinafter “Seoul Metropolitan City Ordinance”) requires that “The head of the Si may give preferential treatment to excellent persons in allocating the area of use of facilities in accordance with the result of the evaluation of intermediate wholesalers,” while the Defendant is in conformity with the requirements, even though there was no fact that the head of the Si does not have any such fact, in order to give preferential treatment to the area of use of the facilities of intermediate wholesalers, the head of the Si has a duty to supervise the installation of facilities and purchase of emergency markets and to give appropriate instructions.”