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(영문) 서울남부지방법원 2016.10.27 2016고단1484

무고

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around April 15, 2011, the Defendant: (a) requested the manufacture of fake machinery from which the Defendant sought C, and conducted research on the technology necessary for the manufacture of fake machinery between the two ends; and (b) completed the development of machinery around June 201 with C’s employees; and (c) requested C to manufacture the said machinery and sell it to the Defendant; and (d) decided C to sell it to the Defendant; (b) decided on November 15, 201, to transfer C to C the secretary-general of the D Patent Attorney Office who delegated another patent application to the Defendant’s work for patent; and (c) delegated C with the joint patent application for the said machinery; (d) decided C to jointly process the said machinery with C around March 15, 2012, for the purpose of selling the said machinery, and (e) decided C to jointly process the said machinery with C’s employees, but (e) decided C to have the patent attorney file a criminal complaint with the intention of selling it by means of an auction; (e) decided C’s criminal punishment.

Thus, around July 30, 2015, the Defendant submitted to the Korean Intellectual Property Office a false complaint to the Yangcheon-dong Seoul Metropolitan Government Office of the 99 Seoul Metropolitan Police Station civil petition to the effect that “C is in collusion with patent attorney D, and fact that the complainant consulted with or delegated D the duties of joint patent application with respect to the patent application. A, around February 29, 2012, the patent application form in the name of A, the preferential examination application form in the name of A and the contract form in the name of G, and the written opinion in the name of A submitted to the Korean Intellectual Property Office on or around January 21, 2013, and on April 25, 2013, and submitted it to the Korean Intellectual Property Office by forging the written opinion in the name of A, and upon such false application, the Defendant infringed A’s patent right by obtaining H patent registration and keeping it in the patent register.”

Summary of Evidence

1. Each legal statement of witness C, D, E, and G;

1. The suspect interrogation protocol against the defendant 1.