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(영문) 대전지방법원 2016.09.23 2016고단1965

변리사법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a patent attorney, shall act as an agent for the Korean Intellectual Property Office or court concerning any patent, actual design, design, or trademark.

The Defendant is a person who operates the Gangnam-gu Seoul Metropolitan Government “D” in Seoul.

On October 13, 2010, the Defendant, despite being not a patent attorney, prepared a patent application on behalf of the above E with respect to “medical device receipt body,” which is claimed by the student E, and filed an application with the Korean Intellectual Property Office using a computer installed in the place.

From that time to January 17, 2015, the Defendant served as an agent for another person’s patent application to the Korean Intellectual Property Office even though the Defendant was not changed over 72 times in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A written request for investigation;

1. Investigation report (Attachment of D Advertising Site);

1. Application of Acts and subordinate statutes to investigation reports (to listen to the statements of telephone conversations between applicants for a patent related to A);

1. Article 24 (1) and Article 21 of the Act applicable to the facts constituting an offense and Article 24 (Selection of Imprisonment with Labor);

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 fact that the Defendant committed the instant crime by receiving commission fees for a period of up to four years without a patent attorney with the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act; however, the fact that the students’ invention in the course of operating the Scientific Research and Research Institute was committed as a result of the filing of a patent application for the invention claimed by the students; the first crime was committed; the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime; and the various sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, are considered.