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(영문) 청주지방법원 2016.05.10 2015고정1033
종자산업법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in seed business shall register with the head of a Si/Gun/Gu with facilities prescribed by Presidential Decree, and a person who intends to produce or import seeds and sell them shall report the relevant seed feed to the Minister of Agriculture and Forestry or the Minister of Oceans and Fisheries along with the relevant seed feed.

From September 2014 to July 2015, the Defendant produced 65,780,000 won in total to E, F, and G, without registering or reporting in the production site of the Gabling mushroom located in the Do governor of the Do governor of the Chungcheongnam, the Defendant, from around 2014 to around 2015, engaged in seed business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. Application of the statutes on requests for business cooperation and replies for business cooperation;

1. Article 54 subparagraph 5 of the Seed Industry Act, Article 54 subparagraph 5 of the Act, Article 37 (1) of the Act (the point of operating unregistered seed business, the selection of fines), Article 54 subparagraph 6 of the Seed Industry Act, and Article 38 (1) (the point of selling unreported seeds and the selection of fines) of the Seed Industry Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant's act was punished as a violation of the Seed Industry Act, and it seems that the defendant's act was caused to commit the crime (see, e.g., this provision)

The defendant's intentional act may not be denied.

In fact, there is no need to recognize the existence of awareness of the constituent facts and to recognize the illegality of the act. The actual situation of the production and sale of fire fighting fire fighters in the Do of Chungcheongbuk is that the production and sale of fire fighting fire fighters are engaged in seed business without registration or report.

The above circumstances and the size of the business of unregistered seeds, the trade size of unregistered seeds for sale, the defendant's endeavor to correct the violation after committing the crime, and the violation of the Mountainous Districts Management Act once.

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