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(영문) 서울동부지방법원 2016.04.20 2015고정1089
종자산업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is running a seed business that sells seeds, etc. with the trade name "D" through the Internet in Songpa-gu Seoul Metropolitan Government and 402.

However, a person who intends to engage in seed business shall have facilities prescribed by Presidential Decree pursuant to the Seed Industry Act and register with the head of a Si/Gun/Gu.

Nevertheless, from September 2, 2013 to February 2, 2015, Defendant 1 engaged in a non-registered seed business as a business of packaging and selling a large number of seeds, such as blue blue, brue, brue, brue, brue, brue, stoma, stoma, stoma, stomat, stove, and red stoves, without the above registration, to many unspecified customers through the Internet (D and E).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Materials to be attached to a written accusation and a written accusation;

1. A fact-finding certificate and a fact-finding certificate;

1. Application of Acts and subordinate statutes to each investigation report (the submission of documents to the victim, including a written opinion on the accusation of this case, the submission of additional documents by a suspect, and the purchase of recent seeds to the suspect);

1. Relevant Article 54 of the Seed Industry Act and subparagraph 5 of Article 54 of the Act and Article 37 (1) of the Act (including comprehensive) and the selection of fines for criminal facts;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The seed under Article 2 subparagraph 1 of the Seed Industry Act (hereinafter “Act”) refers to “a seed, etc. used for propagation, cultivation, or farming.”

However, the seeds sold by the defendant are merely small amount of seeds used for hobby and tolerance purposes.In light of the size and method of the defendant's sale, the selling act by the defendant does not constitute the subject of the Seed Industry Act.

(b) seed business as provided in subparagraph 8 of Article 2 of the Act;

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