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(영문) 수원지방법원 여주지원 2018.09.21 2017고정349
종자산업법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant Company B (hereinafter “Defendant Company”).

A person who intends to engage in seed business shall have facilities under the relevant Acts and subordinate statutes and shall file for registration of seed business with the competent authority, as prescribed by Presidential Decree.

In addition, a person who intends to produce or import and sell seeds of a variety other than those laid open in accordance with the New Plant Variety Protection Act and that are listed in the list of national varieties in accordance with the Seed Industry Act shall report to the competent authorities as provided by the relevant Act and subordinate statutes (Ordinance of Ministry of Agriculture and Forestry).

1. Defendant A did not comply with the procedure for “registration of seed business” and produced “a spawn spawn spawn spawn spawn spawn spawn spawn spawn spawn” and sold 21,000 to E, etc. residing in Daejeon from July 201 to July 2013.

In addition, without implementing the “report on the production, import, and sale of a variety other than the species of products”, the instant plant variety No. 1 of the “Fransh 1” was produced and sold to many unspecified buyers who inquired of Defendant A’s farm. 335,456 336,092,80 won in 2015, 147,203 147,363,90 won in 2016, and 42,474 won in 2017, and 55,216,200 won in 200 won.

Accordingly, Defendant A did not comply with the procedures of “registration of seed business” and “report on the production, import, and sale of a variety” and “report on the production, import, and sale of a variety” and sold a total of KRW 546,13 to KRW 701,122,90.

2. As to the Defendant Company’s sales of Defendant A’s aforementioned 1. Paragraph (1) from May 29, 2012 to around 2017 (from May 29, 2012 to around 2014 without complying with the procedures for registration of seed business, selling a 16,00 unit of 1,3950 won out of the facts charged, “an act of selling 16,00 unit of 16,00 unit of 1,3950 won” in this part of the facts charged. However, there is no evidence to specify the number.

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