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(영문) 서울남부지방법원 2017.01.17 2016고정483
농수산물유통및가격안정에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 1, 2014, the Defendant worked as a joint market head of the Suhyup Federation E joint market located in Seoul Special Metropolitan City from around January 1, 2014, and takes overall charge of trial affairs, etc. The Suhyup Federation’s joint market is a person who actually sells and sells the fishery products entrusted by the shipping agent for sale and purchase, bidding, fixed price trade, or veterinary trade, and even if the sales agent actually sells and sells the fishery products entrusted by the shipping agent, the Defendant may collect a certain portion of the sales price from the shipping agent as commission fees. However, around April 21, 2014, the Defendant purchased fish directly from the mountainous district of the F, a mediumer, from the E joint market, and listed only on the record, from the E joint market, and listed them on the commission of fish from the shipper G, and collected KRW 359,310,00 as commission.

In addition, the Defendant, from that time until December 2, 2014, collected KRW 3,057,645 in total on six occasions, as shown in the list of crimes in the attached Table, from that time, from that time to that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and F;

1. Statement made to I by the police;

1. Seoul Southern District Court Decision (No. 2012 No. 1486);

1. Application of Acts and subordinate statutes to the head of the fishery products trade record book (G), the purchaser's request for purchase-price (F), the president of each of them, the accusation book, and copies of checks;

1. Article 88 Subparag. 10 of the former Act on the Distribution and Price Stabilization of Agricultural and Fishery Products (Amended by Act No. 12950, Dec. 31, 2014); the main text of Article 42(1) and the main text of Article 45 of the same Act regarding criminal facts; and the selection of fines, respectively,

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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