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(영문) 인천지방법원 2020.11.12 2020고단4627
물가안정에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has sold a Mack for health with the trade name of “C” from B and B at the Gyeonggi-si.

In accordance with emergency supply and demand adjustment measures, if at least 10,000 maaks are sold to the same seller on the same day, the seller shall report to the Minister of Food and Drug Safety the unit price, sales quantity, and sales place by no later than 12 days following the following day.

Nevertheless, on February 22, 2020, the Defendant sold 30,000 head of Mak for health to 33,90,000 won (the unit sales price of 1,130 won) at the office of the above “C” around February 22, 202, but failed to report to the Minister of Food and Drug Safety by no later than 12 days following the day.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against F;

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

1. Article 25 (1) and Article 6 (1) of the Act on the Punishment of Criminal Crimes and the Stabilization of Successful Price of Punishment, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not a case where the defendant violated the emergency supply and demand adjustment measure regarding the supply of Make because of the new type cro or virus situation, in a situation where the supply and demand of Make for health is not smooth.

However, the crime was committed once, and the profits acquired in relation to the crime are relatively large.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the motive and circumstance of the crime.

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