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(영문) 대구지방법원 안동지원 2014.10.31 2014고단272
인삼산업법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B is the general director of the agricultural partnership D established for the purpose of manufacturing ginseng varieties located in C when permanent residence is located, and the defendant A is the director of the division of the above corporation and the person in charge of accounting and sales management.

The person who manufactures red, Taegeuk or white ginseng, or other ginseng for the purpose of sale or export shall conduct a self-inspection, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, or undergo an inspection by a ginseng varieties inspection agency determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs, and shall not sell or export red, Taegeuk or white ginseng, or other ginseng which failed to pass an inspection, or keep or display it for the purpose of sale.

The Defendant and B around September 201, around 201, manufactured the above agricultural partnership D, “E” (capacity 300g, volume 280,000 won), 100, “F” (Quantities 150g, red ginseng, red ginseng, selling price of KRW 62,00), “E” (Quantities 300g, capacity 280,000) 360, “G” (Quantities 150g, selling price of KRW 33,000), “E” (Quantities 300g, selling price of KRW 280,000), and “E” (Quantities 30g, selling price of KRW 280,000) 110,000 won. The Defendant and the Defendant manufactured the above red ginseng products from around 36, 201 to around 203 to around 2013.

Accordingly, in collusion with B, the Defendant sold ginseng varieties which were not inspected by the inspection agency of ginseng varieties.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the suspect against the defendant, B, and K;

1. Each police statement of L, M, J, and N;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the relevant criminal facts, Articles 31(1)3 and 19(2) of the Ginseng Industry Act for the selection of a punishment, and Article 30 of the Criminal Act ( comprehensively and collectively, the choice of imprisonment);

1. The confession under Paragraph 1 of Article 62 of the Criminal Code and attitude against it appears to be the same kind;

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