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(영문) 의정부지방법원 2021.01.13 2020고단5386
물가안정에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, under the trade name “D” in the B Building C in the Gu Government-si, sells Mack in operating a wholesale and retail business, such as cosmetics and consumer goods.

In accordance with the Act on Emergency Demand and Supply Adjustment of Mask and Handbs, where a dealer of a hand disinfection product sells at least 10,000 Maskk to the same seller, he/she shall report the unit price, sales volume, and sales place to the Minister of Food and Drug Safety by no later than 12 days following the following day.

Nevertheless, around February 18, 2020, the Defendant sold 170,000 Mack for health at the above office “D” to the representative F, the Defendant did not report to the Minister of Food and Drug Safety the unit price, selling quantity, and selling place of the relevant sales volume of 1,300 won per unit (including additional duties).

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation against the defendant or G concerning a part of the police investigation protocol;

1. Application of Acts and subordinate statutes to inform the violator of the Act on Price Stabilization, accusation, notification to the company that has violated the emergency supply and demand adjustment measure of Mask and hand-free disinfection, confirmation letter, electronic tax invoice, investigation report (Attachment to E’s data on purchase of Mask), and e-mail reception details (purchase tax invoice);

1. Article 25 (1) and Article 6 (1) of the Act on the Stabilization of Successful Prices for Criminal Facts and Punishments, and the Selection of Fines;

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 of the Provisional Payment Order [The defendant and his/her defense counsel did not report the fact that he/she did not know of the emergency supply and demand adjustment measures as decided by the defendant, even though he/she sold gark;

However, this is merely a legal ground and does not obstruct the establishment of the crime of this case. Thus, the above argument by the defendant and his defense counsel is rejected as it is without merit.

The reasons for sentencing are all recognized, and there is no record of criminal punishment in the Republic of Korea.

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