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(영문) 수원지방법원 안양지원 2014.08.28 2014고정606
종자산업법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

A person who intends to engage in seed business shall register with the head of a Si/Gun with the facilities prescribed by Presidential Decree, and produce or import seeds of a specific variety and sell them, he/she shall file a report thereon with the Minister of Agriculture, Food and Rural Affairs

1. Defendant A leased farmland of approximately KRW 1,300 square meters in Yangju-si, and produced vegetable seeds at the same place. From November 2013, Defendant A sold vegetable seeds to E, a website of the Internet mail order that he/she operated, without registering seed business and reporting the production and sale of the variety. From November 2013 to March 27, 2014, Defendant A sold 122 km of vegetable seeds (seeds) at KRW 1,717,000.

2. Defendant B Co., Ltd. sold third-party seeds (seeds) without registering seed business and reporting the production and sale of variety in relation to Defendant B’s business, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation (including the details of orders and statement of transactions), a copy of the business registration certificate, and details of sales and delivery related to the sales of tri-funding services;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 173 subparag. 3 of the Seed Industry Act, Article 137(1) (a) of the aforesaid Act, Article 173 subparag. 5 of the Seed Industry Act, Article 138(3) (a) of the aforesaid Act, and the selection of fines for each fine;

(b) Defendant B: the main sentence of Article 174, Article 173 subparag. 3, Article 137 (1) of the Seed Industry Act (a point where the representative conducts a registered seed business without registration), the main sentence of Article 174, Article 173 subparag. 5, and Article 138 (3) of the Seed Industry Act (a point where the representative produces and sells unreported seeds);

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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