The case affirming the judgment of the court below that an intermediate wholesaler belonging to a wholesale market corporation shall not be deemed as an agent, employee, or other employee of a corporation prescribed in Article 89 of the Act on the Promotion of Agricultural and Fishery Products

The case affirming the judgment of the court below that since an intermediate wholesaler is a separate entrepreneur with permission for intermediate wholesale business in his own name and can be seen as carrying on independent business from a wholesale market corporation, and since an intermediate wholesaler cannot be seen as a business entity that carries on a wholesale market corporation, an intermediary wholesaler belonging to the wholesale market corporation shall not be deemed as a joint intermediary, an agent, employee, or other employee of the corporation under Article 89 of the Act on the

Articles 2 and 89 of the Act on the Promotion of Agricultural and Fishery Products

Defendant corporation

Prosecutor

Incheon District Court Decision 2004No3055 Decided March 31, 2005

The appeal is dismissed.

The court below acknowledged the fact that the non-indicted corporation belongs to the defendant corporation based on evidence, but only takes into account items of auction or auction time for the transaction of the non-indicted wholesale market corporation, and conducts credit transactions while offering collateral, the non-indicted corporation may purchase agricultural products from another wholesale market corporation that is not the defendant corporation, and if the non-indicted corporation is allowed to participate in all auctions held by the non-indicted corporation, in principle, the non-indicted corporation does not pay the name lending fees or separate fees in addition to offering collateral for the defendant corporation. The non-indicted corporation is registered as the non-indicted wholesale market corporation's agent in its own account and name, and it is difficult for the non-indicted corporation to independently obtain permission from the non-indicted wholesale market corporation's agent ("the Non-indicted wholesale Market Corporation Act"), and the non-indicted corporation's business operation and the non-indicted wholesale market corporation's business operation and the non-indicted wholesale market corporation's business operation and the non-indicted wholesaler corporation's business operation and the non-indicted wholesaler corporation's business operation and the non-indicted wholesale market corporation's business operation and the non-indicted wholesale market corporation's business operation.

According to the records and reasoning of the judgment below, the fact-finding and judgment of the court below are just, and there is no error in the misapprehension of the legal principles as to facts or joint penal provisions due to violation of the rules of evidence, such as the grounds for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Han-gu (Presiding Justice)