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(영문) 전주지방법원 정읍지원 2014.01.14 2013고단662
식품위생법위반
Text

Defendant

B Imprisonment with prison labor for not less than six months, and Defendant A shall be punished by a fine not exceeding three million won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. From August 2012 to August 5, 2013, Defendant A operated a business by raising sales of approximately KRW 101,428,741 won in the last half of 2012 and the second half of 2013 by selling fishing gear (70,000/1kg), knife (3,000/1 person portion), knife (3,000/1 person portion), beer, and beer (3,000/1 disease) without reporting general restaurant business in Go Chang-gun-gun, Chang Chang-gun, North Korea.

2. Defendant B is the representative of the F Corporation, and is a person who was a member of the “G Committee” to determine the order of priority of subsidy business operators related to the subsidy granted by the High Military on 2009.

Around January 2008, the Defendant submitted an application to support the fishery business to the High Military Administration of the Victims and to the effect that “(200 million won) subsidies are granted to build a direct fishery product store in the High Military Administration of the North Korea.”

However, in fact, the defendant thought that the head of fishing gear was operated in the newly constructed building, and the above site was designated as the agriculture promotion area and thus the restaurant business is prohibited, so if the defendant applied for the subsidy, the subsidy was not paid.

The Defendant, as if he were to operate a direct sales store for fishery products at a newly constructed building, was issued from the victim the amount of KRW 134,788,00 on June 24, 2009, the sum of KRW 65,212,00 on August 27, 2009, and KRW 200,000 on a total of KRW 20,000 (the national expenses of KRW 120,000,000, military expenses of KRW 80,000,000).

As a result, the Defendant was granted subsidies of KRW 120,00,000 by deceiving the victim, deceiving the above money, and applying for subsidies by unlawful means.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of the prosecution against B, I, and A;

1. Written statements prepared by the J;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article applicable to criminal facts;

(a) Defendant A: Article 97 subparag. 1 and Article 37(4) of the Food Sanitation Act;

B. Defendant B: Article 347(1) of the Criminal Act (Fraud) and the former.

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