2013 Highest 547 Violation of the Trademark Act, Pharmaceutical Affairs Act

00

Residence

Reference domicile

Kim In-bok (prosecution), Kim Gin-Gyeong (Trial)

Attorney Park Do-young

June 12, 2013

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

Criminal facts

around November 2010, Defendant 1, Doing Doing, Doing Doing, Doing Doing, and Doing Doing Doing Doing, Seoul president, sold fake Doing, and Doing Doing Doing City president. The Seoul president, as a total sale book, sold on the Internet website, etc., made the sales advertisement through the Internet site, etc., secured fake Doing and Doing Doing Doing Doing. On the face of the telephone from the customer, the Doing and Doing Doing City, notified the customer who wish to purchase of the list, address, etc. of the customer who wish to purchase after confirming his intention to purchase the telephone, and notified the customer who wish to purchase the number and sales price in writing, and Doing Doing Doing City president received the deposit account number and sales price from the sales book, notified the customer list and address of the customer, and notified the customer of the list and address of the Doing Doing Doing and the customer delivery in order.

The defendant et al. puts on the packaging a forged trademark, which is identical to the 'Vigra' that the defendant et al. registered with the Korean Intellectual Property Office as a designated product, such as a medicine for treatment of the sexual function disorder as well as the 'Cigra' that the non-Agra et al. registered with the Korean Intellectual Property Office as a product for treatment of the visual function disorder, and the 'Cigra' is marked on the packaging, and the 'Cigra elk' company registered with the Korean Intellectual Property Office as the designated product, and the 'Cigra' company registered with the Korean Intellectual Property Office as a product for treatment of the sexual function disorder as the designated product.

1. Crimes from December 1, 2010 to April 21, 201

From December 1, 2010 to April 21, 2011, the Defendant and 53,246 (57,9777,970,000,000 won in the market value of the goods) acquired from December 1, 201 to April 21, 201 the following: (a) Dool-gu’s officetel with a trademark of ‘Viagra’ on the part of the U.S. Croke Dogra’, on which the trademark of ‘Vigra’ is attached; and (b) Dool Lel Cro LIS’’’’’’ on the part of the United States on which the forged trademark is attached, and then sold the remainder of 17,000,000,000 won in attached Table 1 to 179,000,000,0000 won in the market value of the goods; (c) 4,716,417,016,000.

Accordingly, the defendant committed an infringement on the trademark rights of the above owner of the trademark in collusion with ○○○, Do○, and Seoul President, and sold or stored counterfeit drugs for sale.

2. Crimes from May 4, 201 to November 23, 2011

From May 4, 2011 to November 23, 2011, the Defendant and ○○○○○○○, ○○○○○○○, and the total sales volume of 25,050 KRW 25,050,000,000,000 for fake Bags and Algers, have been acquired in the above way, and around that time, sold fake Bags and Algers, and female interest products over 963 times, as described in attached Table 2 and 3.

Accordingly, the defendant, in collusion with ○○○○, dedicated Do○, Seoul President, violated the trademark rights of the above trademark right holders and sold counterfeit drugs.

Summary of Evidence

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 93 of the Trademark Act, Article 30 of the Criminal Act (the infringement of trademark rights, including each trademark right holder), Article 93 of the Pharmaceutical Affairs Act

Articles 1(1)10 and 61(1)1 of the Criminal Act, Article 30 of the Criminal Act

(n) Article 93(1)10 of the Pharmaceutical Affairs Act, Article 61(1)1 of the same Act, Article 30 of the Criminal Act

The point of storage for the purpose

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

Although the defendant is led to the confession and reflect of the crime, and the family members of the defendant wanted to be the front of the defendant, the defendant continues to conduct his business even after the control over one kind of crime, the motive or frequency leading to the crime of this case, and other factors of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., shall be determined as ordered in consideration of all the factors of sentencing.

Maduk Jina