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(영문) 서울중앙지방법원 2017.02.08 2014고정1485
농수산물유통및가격안정에관한법률위반
Text

Defendant

Of the facts charged against A, the collection of fees for the consignment sale on September 1, 2012 between E and F;

Reasons

Public Prosecutor's Office

1. Defendant A is a person who works as a joint market head of the fishery products joint market located in Seoul Special Metropolitan City from September 1, 2012 to January 20, 2013 and has overall control over trial affairs, etc.

B A joint market may collect a commission fee equivalent to a certain percentage or a certain amount of the price for each joint market only in cases of sale and purchase by auction, bidding, fixed price sale and purchase, or by means of sale and purchase.

Nevertheless, on September 1, 2012, the Defendant purchased and listed them only on the record after having purchased and listed them in the middle-class fishery joint markets of the above fishery products in mountainous districts, and then arranged the documents as if the above E was ordinarily successful bidder E from the shipper E, and collected KRW 107,502 as the fee.

In collusion with Q in charge of public trial team J, K, the head of the public trial team, K, the head of the auction office L, the head of the auction office M, the certified auctioneer N, the director of the auctioneer P, the certified auctioneer P, and Q in charge of public trial in a manner of listing or falsely listing fishery products equivalent to KRW 25,969,056,212 as shown in attached Table 1 of the List of Crimes in the manner of listing or falsely listing them on records from September 1, 2012 to January 20, 2013, the Defendant prepared documents as if they were purchased through successful bid or selling at a normal price or at a normal price, and collected KRW 935,625,273 in total as the fee.

2. R is a person who, from January 21, 2013, works as a joint market for fishery products B located in Seoul Special Metropolitan City from around January 21, 2013 to the present date as a joint market for fishery products B and takes overall charge of trial affairs, etc.

B A joint market may collect a commission fee equivalent to a certain percentage or a certain amount of the price for each joint market only in cases of sale and purchase by auction, bidding, fixed price sale and purchase, or by means of sale and purchase.

Nevertheless, R, around January 21, 2013, purchased new seals, diggings, etc. in mountainous districts and listed only on the record at the joint market of the fishery products at issue.

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