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No. 3 of Three Model Cases of Crackdown on Counterfeit and Inferior Farm Supplies in 2023 Published by the Supreme People's Court: People v. Gong [REDACTED] (crime of selling counterfeit and inferior seeds)—Sale of counterfeit and inferior seeds causing reduced crop yields
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最高人民法院发布三件2023年“农资打假”典型案例之三：巩某销售伪劣种子罪案——销售伪劣种子造成农作物减产
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【法宝引证码】
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| No. 3 of Three Model Cases of Crackdown on Counterfeit and Inferior Farm Supplies in 2023 Published by the Supreme People's Court: People v. Gong [REDACTED] (crime of selling counterfeit and inferior seeds)—Sale of counterfeit and inferior seeds causing reduced crop yields | | 最高人民法院发布三件2023年“农资打假”典型案例之三：巩某销售伪劣种子罪案——销售伪劣种子造成农作物减产 |
| Facts | | 简要案情 |
| Defendant Gong [REDACTED] is the actual controller of a farm supplies management department in Licheng District, Jinan City, Shandong Province, and of Jinan [REDACTED] Agricultural Technology Co., Ltd. From January to May 2020, 74 farmers including Geng [REDACTED] bought the "Qi Si Feng" corn seeds sold by Gong [REDACTED]'s company. When farmers planted the above-mentioned corn seeds, they found that the germination rate was low, and some farmers replanted and mixed corn, but it still led to a reduction in yield. After identification, the "Qi Shi Feng” corn seeds do not meet the requirements of national standards, with a germination rate of 65% and a purity of 92.1%. They are very similar to or the same as the "Aobang 368” corn seeds from the DNA fingerprint database known varieties under the Ministry of Agriculture and Rural Affairs. According to the Agriculture and Rural Bureau of Licheng District, Jinan City, the "Qi Shi Feng” corn seeds are counterfeit and inferior seeds. Gong [REDACTED] sold the "Qi Shi Feng” corn seeds worth more than 50,000 yuan, resulting in a total loss of more than 380,000 yuan for farmers including Geng [REDACTED]. | | 被告人巩某为山东省济南市历城区某农资经营部和济南某农业科技有限公司的实际控制人。2020年1月至5月，庚某等74名农户购买了巩某在其公司销售的“气死风”玉米种子。农户在种植上述玉米种子时发现出苗率低，部分农户进行玉米补种、混种，但依然导致减产。经鉴定，“气死风”玉米种子不符合国家标准要求，发芽率为65%，纯度为92.1%，与农业农村部已知品种DNA指纹数据库“奥邦368”玉米种子极近似或相同。经济南市历城区农业农村局认定，该“气死风”玉米种子为假种子和劣种子。巩某销售“气死风”玉米种子共计5万余元，导致庚某等农户遭受总损失共计38万余元。 |
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