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(영문) 수원지방법원 안산지원 2015.04.07 2015고정423

상표법위반등

Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, on July 2014, the Defendant sold a fake drug at the “C” adult product store operated by the Defendant, which is a fake drug.

2. The Defendant violated the Trademark Act, at the time and place specified in Paragraph 1, sold a fake 30 U.S. trademark bearing the same mark as the “VGR trademark (registration number: 40-0547476) registered with the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) to customers without the victim’s permission.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes to the current status of sales of unqualified drugs, the current status of sales of adult products (B), VGR100 (Non-GGR100) to photograph photographs, seized objects photographs, photographs, adult product-sale stores (registered commercial name): business registration certificate (Crathos Co., Ltd.) on-site photographs; investigation reports (flathos Co., Ltd.); Internet Korean Intellectual Property Office website website; and outputs of the current status of trademark registration of chemical substances;

1. Relevant legal provisions concerning facts constituting an offense, Articles 93(1)7 and 44(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Article 93 of the Trademark Act; and the choice 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 (1) 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;