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(영문) 수원지방법원 안산지원 2016.05.11 2015고정803
농수산물유통및가격안정에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who runs a wholesale business among dry products with permission in each market in Ansan-si, Ansan-si, Ansan-si, and is a person who has obtained permission to trade items exceptions to the listing of logistics.

1. No intermediary shall trade agricultural and fishery products other than those listed by a wholesale market corporation;

Nevertheless, on February 15, 2015, the Defendant traded 80 km and 3 kg of yellow season, which is an agricultural and fishery product other than those listed in D operated by the Defendant in each market, at the time of Ansan-si located in Ansan-si, 08:20 on February 15, 2015.

2. On March 3, 2015, the Defendant refused to comply with the first business suspension disposition of 15 days from the head of each market management office, and continued to engage in the business until March 20, 2015, on the ground that the Defendant traded agricultural and fishery products in Ansan-si located in Ansan-si, Ansan-si, Seoul-si, Seoul-si, which was located in each market, within D operated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement protocol by the police for E;

1. On-site photographs or photographs showing the execution of an administrative disposition;

1. A certificate of delivery of postal items;

1. Determination as to the defendant and his/her defense counsel's assertion of non-performance of business suspension motion pictures and business suspension invoice.

1. Summary of the assertion

A. The yellow dust stated in Paragraph 1 of the crime facts in the judgment below is a product purchased by the defendant for personal use, and Al night constitutes an exception item to the listing of logistics by obtaining a trade permit, and thus, the act of trading yellow dust and Al night as stated in Paragraph 1 of the criminal facts in the judgment of the defendant does not violate the Act on the Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “instant Claim”). B. The defendant was subject to business suspension due to the act described in Paragraph 1 of the criminal facts in the judgment of the court below and only prepares for business, and thus, did not violate the above disposition (hereinafter “Secondary Claim”).

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