A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Victim C University Research Foundation (C) filed an application for plant variety protection on January 10, 2012 with respect to Leebel (Rebel) and Car Melel (Camelia), and filed an application for plant variety protection on March 15, 2012. On April 8, 2015, the Plaintiff’s University Research Foundation (C) registered level No. 5422, Lelel as 5424, respectively, in the plant variety protection registration register.

No one shall exploit, produce, transfer, lend, sell, etc. any third person's protected variety for business purposes without permission of a temporary protection right holder or a plant variety right holder.

Nevertheless, the Defendant, from around 2010 to around 00, operated a “E” farm in Hask Chang-gun, Jeon Chang-gun. On January 2012, 201, purchased 250 each of the instant variety from Haskel, which was operated by Haskel F, Haskel, and displayed the said variety in the ground, with approximately KRW 4,000 without permission of the Victim’s Research Foundation, and around 0 to 0 to 00 to 30 to 1, 205 to 1, 200 to 30 to 1, 200 to 1, 205 to 1, 201 to 1, 20 to 1, 30 to 1, 30 to 1, and 50 to 1, 201 to 1, and 25 to 30 to 1, 201 to 1, respectively.

Accordingly, the Defendant violated the right to temporary protection of the Victim C University Research Foundation respectively.

In the indictment of this case, Article 131 (1) 1 of the New Plant Variety Protection Act concerning infringement of a plant variety right under the applicable law, along with the statement of the facts charged that the defendant infringed a plant variety right other than the provisional protection right, is stated in the indictment of this case. However, since the period during which the defendant, as stated in the indictment of this case, increased lebs and sold the lebs of the plant variety, he applied for the relevant plant variety and made it public after the registration of the plant variety protection right has been completed, the infringement of the provisional protection right under Article 38 of the same Act is an issue.