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(영문) 부산지방법원 2021.01.28 2020고단4375
양곡관리법위반
Text

Defendants shall be punished by fine of KRW 1,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A The Government Management Grain (hereinafter referred to as the "National United States") sold for public purposes to recipients, etc. under the National Basic Living Security Act upon entrustment by the Busan Dong-gu Local Self-Support Center.

is a person that delivers the documents.

Defendant

B is a person who operates a restaurant under the trade name of "D" in Busan Jung-gu.

The Minister of Agriculture and Forestry shall determine the eligibility of a person eligible to purchase national rice for public purposes as a recipient, etc. under the National Basic Living Security Act, and no person shall use or dispose of grain for purposes other than those designated by the Minister of Agriculture and Forestry.

In around 2017, the Defendants sold 10,000 won per 1 10,000 won per 1 10,000 g from the buyers of the Republic of Korea to Defendant B, and Defendant B was willing to use this to sell to the above restaurant customers.

According to the above public offering, from January 2018 to April 16, 2020, the Defendants sold approximately 84 circulations in the United States of America purchased by Defendant A from the purchaser of the Republic of Korea (i.e., average of approximately 3 circulations in one month x 28 months / total of 840km) to Defendant B. Defendant B prepared about 64 distributions (total of 640km) among them, and sold them to the above restaurants, and stored the remainder of 20 circulations (total of 200km) in the above restaurant.

Accordingly, the Defendants conspired to use and dispose of grain for other than the purpose designated by the Minister of Agriculture and Forestry.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Details of illegal reports on distribution;

1. Application of Acts and subordinate statutes to photographs and reports on the detection of violations;

1. Article 32 subparagraph 1 of the Grain Management Act, Article 32 and Article 9 (4) of the same Act concerning facts constituting an offense, and Article 30 of the Criminal Act;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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