logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2015.10.28 2015고단815
양곡관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who engages in grain processing and sales business under the trade name B from Boan City City B.

A grain processing operator or grain dealer shall not make any false indication concerning the production year, quality, etc. of grain, and where the harvest year is a mixture of grain with other raw materials, the mixture ratio shall be indicated by the year of harvest, and where the milling date of grain is a mixture of different raw materials, the milling date shall be indicated first.

Nevertheless, around July 1, 2014, the Defendant: (a) purchased rice from the farming household around the same day and dried directly from the farming household around the same day; (b) on June 20, 2014; and (c) on June 30, 2014, after mixing 85:15 percent of low-price produced in the year 2012, where it is impossible to know about the intended date of purchase from the D Agricultural Association over two occasions; and (c) packages 340 kilograms in the packing paper; and (d) packages 12 percent (12,00 kilograms) in the packing paper; and (e) marked 50 kilograms in the packing paper on July 1, 2014; and (e) marked 10km on July 20, 2013 as the date of packing; and (e) marked 50km on the packing paper on March 21, 2013.

Accordingly, the defendant made a false indication on the production year, quality, etc. of grain.

Summary of Evidence

1. Defendant's legal statement;

1. E-certification;

1. A written statement;

1. A list of transactions;

1. A copy of the book of purchase and sale of raw materials;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (specific quantity in violation);

1. Article 34 Subparag. 4 of the Act on the Management of Grain and Articles 20-3 (1) of the former Food and Drug Act (Amended by Act No. 12964, Jan. 6, 2015);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1));

arrow