변리사법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person, other than a patent attorney, shall perform duties as an agent to act on behalf of the Korean Intellectual Property Office or court concerning patent, actual designs, designs, or trademarks.
Even if the Defendant is not a patent attorney, the Defendant operated the “C” in Dong-gu, Gwangju Metropolitan City, and received KRW 500,000 from D and filed an application for a new draft on behalf of the said D with the Korean Intellectual Property Office around December 28, 2012 on behalf of the said D, and performed duties on behalf of the said D as an agent for matters concerning the new draft, design, and trademark on the attached crime list (1), crime sight table (2), and crime sight table (3) from September 10, 2009 to August 25, 2014.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect to the public prosecutor and the police accused;
1. Statement made to the police officer with F;
1. Application of the Act and subordinate statutes to the accusation, the details of representation for filing applications for patent applications, the details of representation for filing applications for trademarks, the details of representation for filing applications for design applications, C website, and the contents of publication on Blobs (Evidence Nos. 1 through 6);
1. Article 24 (1) and Article 21 of the relevant Act concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized all of the crimes of this case, and his depth is divided.
The defendant is a primary offender who has no record of punishment, and there are no many profits of the defendant in this case.
In addition, it shall be decided as per the disposition by comprehensively taking into account all the circumstances revealed in the process of investigation and trial.