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(영문) 서울동부지방법원 2017.09.27 2017고정630
농수산물유통및가격안정에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person operating food wholesale and retail business in the name of "E" in the Administration and Sub-Class D of each market, as both Songpa-gu Seoul and Songpa-gu Seoul, and Defendant B is an employee of the above company.

A person who intends to purchase agricultural and fishery products listed in each market, joint wholesale market of agricultural and fishery products, or private agricultural and fishery products also intends to conduct wholesale business or intermediary business for sale after purchasing agricultural and fishery products listed in each market shall obtain permission from a person who sets up the relevant wholesale market.

Nevertheless, at the above wholesale market, the Defendants conspiredd with the person who has established a market, without obtaining permission from the Seoul Agricultural and Fisheries Food Corporation (Seoul) on April 1, 2014, and participated in the auction with the central office of the dispute resolution committee, and sold agricultural and fishery products in each market, such as selling 25,000 won in the F after receiving a successful bid of KRW 3,208,00 in the amount of KRW 140,00 in the amount of KRW 140,00 in the G, and KRW 225,00 in the amount of KRW 225,00 in the H, from January 5, 2013 to December 31, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 86 subparagraph 3 of the Act on the Distribution and Price Stabilization of Agricultural and Fishery Products and Articles 86 and 25 (1) of the same Act concerning facts constituting a crime, Article 30 of the Criminal Act, and the choice of fines, respectively;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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