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(영문) 대전지방법원 서산지원 2015.01.30 2014고정376
양곡관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person in charge of controlling the production of rice and the indication of grain as an employee of the “CCF Processing Complex” of the grain processing company in Jinjin-si.

A grain processing operator or a grain dealer shall not make a false or exaggerated indication concerning the production year, quality, etc., and a producer of rice shall indicate the person who produces rice actually other than a seller as rice.

Nevertheless, from July 21, 2014 to July 23, 2014, the Defendant purchased 87,365 ggg of rice in 2013, processed by 36, 2013, and packed 200 g of rice (product name) in 200 g of July 24, 2014, and even though the CFG was not a manufacturer (processed), the Defendant stored in order to sell at 37,000 g of c7,00 g of c.

Accordingly, while packaging rice, the Defendant displayed the address, trade name (or name) and telephone number of the producer and processor, which are indicated matters of grain, differently from the fact.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of the detection, and photographs of the violation site;

1. A certificate of confirmation and a report on investigation (as a result of appraising origin);

1. Application of Acts and subordinate statutes to a copy of a meeting for payment, a copy of a white and withdrawn book;

1. Relevant Article 34 of the Grain Management Act, subparagraph 4 of Article 34 and Article 20-3 (1) 1 of the same Act concerning facts constituting an offense, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant recognized that there was a false entry in the “producer” column of the packaging material containing the rice of this case, but the said rice was in storage in the warehouse before the shipment. As such, the Defendant’s assertion is different from the fact in the “producer” column of the packaging material.

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