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(영문) 서울남부지방법원 2020.08.12 2020고정974

특허법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 7, 2019, the Defendant connected “C” to the Internet “B” website at an insular place, and posted a letter to sell “E”, a similar product belonging to the scope of the right to the invention of the E (Patent Number F) invention registered with the Korean Intellectual Property Office by the victim D, and sold the similar product at KRW 40,000, from that time to February 21, 2020, the Defendant infringed the victim’s patent right by selling “E” at a total of three times as indicated in the list of crimes, from that time, from February 21, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes of the Patent Register;

1. Article 225 (1) of the Patent Act and Article 225 (1) of the same Act concerning criminal facts, the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s crime of this case for sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order seems not to have been manufactured, but to have been simply sold, and to have not yet reached the actual completion of sales, and the Defendant appears to have recognized all the crimes of this case and have in depth been against the Defendant’s depth. The Defendant is the primary offender who has no record of punishment, and the Defendant’s age, character and conduct, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the present arguments and records, including the circumstances after the crime, shall be determined as ordered, taking into account