logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.05.18 2018고단285
상표법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 18 shall be confiscated.

Reasons

Punishment of the crime

1. No person who violates the Trademark Act shall possess for the purpose of transferring or delivering goods identical with or similar to the designated goods bearing another person's registered trademark or any similar trademark;

Nevertheless, around September 7, 2017, the Defendant, at the Defendant’s residence of the Seoul Central-gu B and 2nd floor, committed an action to transfer the trademark “Viagra” (trademark registration number No. 0387168), U.S. Boli LEL as a trademark holder, the trademark “CIALS” (Trademark registration number No. 0491830), U.S. Johson’s C&WGY as a trademark holder, a trademark holder “PALIGY” (Trademark registration number No. 0630586).

2. No person who violates the Pharmaceutical Affairs Act shall sell forged drugs, or store or display them for sale;

Nevertheless, the Defendant stored 15 Class 28,580 forged drugs for the purpose of selling forged Bagra 3,900 at the date and place specified in paragraph 1, and stored 15 Class 28,580 forged drugs as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. A seizure list;

1. Investigation report (with respect to confirmation of purchase details of plastic containers kept in the A-A-A-A-bred treatment container), sales details of plastic containers in the same bank, investigation report (whether to register a trademark of forged drugs or not, the value of seized articles or the register of trademarks, etc.);

1. Photographs of evidence subject to execution of a warrant of search and seizure;

1. Application of the statutes on the conversation content A SNS (Kakao Stockholm);

1. Article 230 of the Trademark Act (referring to the fact of infringement of trademark rights and the fact of trademark registration), Article 93 (1) 10 of the Pharmaceutical Affairs Act, and Article 61 (1) 1 of the same Act concerning facts constituting an offense (the fact of storage of forged drugs for the purpose of selling them);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 48(1) of the Criminal Act of confiscation.

arrow