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(영문) 대구지방법원 김천지원 2017.12.21 2017고정471
약사법위반등
Text

Defendant shall be punished by a fine of two 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, around 19:00 on June 5, 2017, the Defendant: (a) purchased and kept a fake viral viral viral viral viral viral viral viral viral viral gral gral gral gral gral gral gral gral gral gral gral gral gral gral gral gral gral gral gral gr. 12.

Accordingly, the defendant acquired drugs for the purpose of sale even though he was not a pharmacy founder.

2. No person who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it on goods identical or similar to the designated goods, or for the purpose of allowing such person to use it;

Nevertheless, the Defendant acquired the same trademark as “C100” at the time of application for a product designated as a medicine for treatment of functional disorder in terms of “Pfgr, VGR100” and “Pfr, VGR 100” in the aforementioned date, time, place, and place, as seen earlier, and the trademark, which is identical to “C100” in the case of application for a product designated as a medicine for treatment of sexual functional disorder, was for sale of the fake 122.

Accordingly, the defendant infringed another person's trademark right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a reply to a request for appraisal, report on internal investigation (related to the results of appraisal and reinvestigation conducted by the State and the original Daegu Science Investigation and Investigation Research Institute, the results of verification conducted by the Republic of Korea, etc.), investigation report (related to the seizure site and photographing of seized articles), investigation report (limited to addition of facts violating the Trademark Act and attachment of trademark bulletin by the Korean Intellectual Property Office);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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