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(영문) 울산지방법원 2018.09.21 2017고정704
종자산업법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates a stock company B.

A person who intends to produce or import and sell seeds shall report the relevant seed samples to the Minister of Food and Agriculture, and a person who intends to import seeds of a variety for the first time in Korea to sell or distribute seeds of the variety shall undergo an import adaptability test conducted by the Minister of Food and Agriculture and Food of the variety.

Nevertheless, the Defendant:

A. The fact was that the import declaration was filed for non-sale on November 2015, and was imported for the first time in the Republic of Korea without undergoing import adaptation testing, and sales to D and E on November 18, 2015, a 10,000 paper c) seed spawn spawn spawn spawn spawn spas to D and E;

B. On October 2015, Company B’s Internet homepage and F’s G B’s G B B, posted a promotional letter on the distribution and supply of the Gabs Babs, and reported this fact to H on November 2016, 2016, which first imported 10,000 won for the first time in the Republic of Korea without undergoing an import adaptability test for the first time, and distributed Gabs 11,000 copies for the first time to J on December 9, 2016.

2. The Defendant Company B, at the time, and at the place specified in paragraph 1, committed the above violation against A, who is a de facto operator of the Defendant’s business.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. A survey report on actual conditions;

1. Reference materials, such as written confirmation, review materials as to whether a variety is laid open, and a list of national varieties;

1. The following facts and circumstances revealed by the evidence duly examined and adopted by this court can be acknowledged as the facts charged.

(1) Even according to the joint investment agreement entered into between D and D and K, D and K, this case shall be brought against B by D and K.

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