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(영문) 수원지방법원 평택지원 2017.08.24 2017고정100
양곡관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative of the “E Company” corporation located in Pyeongtaek-si D.

No grain processor shall place any indication or advertisement different from facts, or exaggerated, concerning the production year, quality, etc. of grain.

Nevertheless, around August 18, 2016, the Defendant, upon receiving a request from F representative G to reprocessing 30 tons of rice and 20 tons of rice produced before August 3, 2016 from F representative G on or before the said place of business, indicated “(i.e., f., f., f., Do rice”; and (ii) indicated “(ii) 872 f.s. 872 g., 10 kilograms and 1,835 g., 200 g.,” on the packing materials of “(F. f., 2016) 20 g., 40 g., 10 g., 10 g., 100 g.,” and indicated differently from the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to a factual inquiry and a reply to a request for provision of internal investigation data);

1. Relevant Article 32 subparagraph 3 of the Grain Management Act and Article 32 and Article 20-3 (1) 1 of the same Act concerning facts constituting an offense, and selection of fines;

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

1. Determination on the key issue of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. A defense counsel acknowledged that the Defendant had already processed rice and fluor, but claimed that the Defendant’s re-processed the fluored rice by mixing it with the fluor, but indicating the date of re-processing by mixing it as the gluor is a legitimate indication under the Grain Management Act, and is not a false indication prohibited under

However, Article 7-3 and attached Table 4 of the Enforcement Rule of the Grain Management Act provide that the date of Doggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggging

In light of the language and text, it shall be interpreted that the date of the first set is the string or rice.

The date of determination of the Do.

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