(영문) 대전지방법원 공주지원 2015.07.03 2015고정34

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(영문) 대전지방법원 공주지원 2015.07.03 2015고정34

종자산업법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a "C farm" that produces and sells seedlings in Chungcheongnam-gun B.

In order to produce and sell seeds, the Defendant received registration of seed business and report of production and import and sale of the variety, but did not report the registration of seed business and the report of import and sale of the variety, and sold the seeds after receiving KRW 140,000 per share of KRW 7,00,000 per share for 1,40,000,000 per share to Kim Tae-type, on March and April 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a transaction contract and a copy of financial transaction confirmation;

1. Provision of information to violators of the Seed Industry Act and reported matters;

1. Application of Acts and subordinate statutes to photographs on the violation site;

1. Article 54 subparagraph 5 of the Seed Industry Act, Article 37 (1) of the Act on the Selection of Punishment of Specific Crimes and Articles 54 and 38 (1) of the same Act (the operation of unregistered seed business, the selection of fines), subparagraph 6 of Article 54 and Article 38 (1) of the Seed Industry Act (the occupation of selling unreported seed and the selection of fines

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the appearance of confession and reflectiveness of the defendant, and the fact that there is no particular criminal punishment other than the punishment of fines by violating the Road Traffic Act in 1999, including the size of the unregistered seed business, the size of the unregistered seed business, the transaction size of the unreported seed business, the circumstances of the crime, and the circumstances after the crime are considered.

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