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(영문) 청주지방법원 2015.02.06 2014노1131
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The instant crime of determining the grounds for appeal is a case where: (a) the Defendant, while operating an agricultural product wholesale business, sold domestic shoulders and shoulders at retail over 60 days from April 5, 2013 to February 14, 2014, by deceiving KRW 177,879,00 in total as the purchase price; (b) in light of the period and scale of the crime; (c) the Defendant acquired profits; and (d) the quality of the crime is not good; (d) the act of deceiving the country of origin of agricultural products as in the instant case requires punishment corresponding to the crime of undermining the sound distribution order of agricultural products and seriously damaging the consumer confidence in agricultural products; and (e) the act of selling agricultural products as in the instant case requires punishment corresponding to the crime of undermining the sound distribution order of agricultural products and seriously damaging the consumer's trust in agricultural products from the above retail stores rather than from purchasing the agricultural products from the Defendant; and (e) the general consumers suffered direct damage to the Defendant's agricultural products at a price that would not be directly suffered from the direct retail.

However, there are circumstances such as the defendant's recognition of the crime of this case and the fact that there is no history of punishment for the same crime, the investigation stage and the original trial, and the majority of the victims (retails) who directly purchased the domestic shoulder and shoulder from the defendant in the trial. The victims want to find the defendant's wife against the defendant. The defendant's closure of the agricultural products wholesale business operated by the defendant, and again does not work related to the distribution of the shoulder and shoulder, and the social ties of the defendant's social relationship is clear, the family members and figures want to lead the defendant.

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