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(영문) 광주지방법원 순천지원 2013.11.19 2013고정777

상표법위반등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. No one shall use a trademark identical or similar to the registered trademark of another person in violation of the Trademark Act on goods identical or similar to the designated goods, nor deliver, sell, forge, imitate, or possess such trademark for the purpose of using it;

At around 11:00 at the end of March, 2012, the Defendant: (a) each of the trademarks registered with the Korean Intellectual Property Office (No. 0387168) on December 19, 197, as a drug designated goods for treating the fladic function disorder of the U.S. owner and professional fladz owner; (b) on April 20, 2001, as a drug designated goods for treating the fladic function disorder of the U.S. owner; and (c) “Calis” registered with the Korean Intellectual Property Office (No. 0491830) on April 20, 201, by forging the trademark and selling it to the Korean Intellectual Property Office (No. 60), thereby infringing on the trademark right holder’s trademark right.

2. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act shall sell or acquire medicines for the purpose of sale;

Nevertheless, the Defendant, as mentioned above, sold 2 copies of counterfeited bagra, which contain bags and bags, and 30 copies of forged bags (60), which are defined as prescription drugs and used for pre-donation treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Response to the request for appraisal;

1. Application of statutes, such as a copy of the trademark register;

1. Relevant statutory provisions for facts constituting an offense, Article 93 of the Trademark Act, Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act, and selection of fines, respectively;

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

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

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