A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 21, 2009, the Defendant filed an application for a banner banner patent with B on or around March 201, 2010, and transferred the patent development fee of KRW 5 million on or around March 201, the Defendant: (a) transferred the patent in the name of the licensee; and (b) received money in the amount of money equivalent to KRW 20 million from B, including that “if the Defendant bears the production cost, the profits from the production and sale will be divided by half; and (c) received money in the amount of money equivalent to KRW 20 million from B from the applicant; (d) in the situation where the negotiation was well known as a wage problem with C and the employee of the applicant in the name of the patent applicant, the Defendant tried to know as if the patent was registered.

On April 1, 2010, the Defendant kept an official gazette-type file in accordance with the decision of patent registration under the name of the Commissioner of the Korean Intellectual Property Office (hereinafter referred to as the "Patent Office") who applied for registration in the name of his wife and registered in the Defendant’s computer at Daegu-si D around November 1, 2010. (73) the name of the patentee and the inventor was entered in “A” and his address; (54) the product name was “A”; (45) the publication date was “39 March 29, 2010”; (11) the registration number was “10-209-10439”; and (21) on November 17, 2009, “the filing date of the request for examination was “the date of the request for examination,” and (51) the product name was duly entered into the official gazette and output on October 1, 2010.”

Accordingly, for the purpose of uttering, the Defendant forged a copy of the official report according to the patent registration decision under the name of the Commissioner of the Korean Intellectual Property Office, which is an official document, and presented a forged one copy of the official report to B who is unaware of the fact that it was issued a true one.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to official gazettes following a decision on patent registration;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

1. The aggravated Criminal Act for concurrent crimes.