2006Gohap161A. Violation of the Act on Special Measures for the Control of Public Health Crimes

206Mohap194 (Manufacture, etc. of Consolidated Drugs)

B. Violation of the Customs Act

C. Violation of the Trademark Act

○○ (000000-00000), Manufacturing industry

Residence omitted

Permanent address omitted

Attorney ○○○

June 13, 2006

Defendant shall be punished by imprisonment with prison labor for not less than two years and by a fine not exceeding 8,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 1,00,000 into one day.

The ninety-two days of detention prior to the rendering of this judgment shall be included in the above imprisonment.

except that the execution of the above imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

Defendant,

1. No one shall sell or acquire any medicine which is counterfeited or altered similar to the permitted medicine for the purpose of sale. Non-Agra or Simalce shall be designated as a “mal Abuse medicine” for treatment of visual disorder and shall use limited quantity only by prescription of a patient after conducting a close inspection of the patient’s disease and the cause of interference with function, whereas it shall not be ruled out that, in the case of fake and Gabalcee, it is unclear what ingredients it is manufactured and harmful to human body and that it contains harmful toxic material. In particular, if the heart disease, etc. were to wear them together with Mazine, or if the above heart, etc. were to wear them more than an appropriate capacity, the defendant shall obtain the above ○○○ and Mamalcee’s name and Madem’s maximum known 9 U.S.M.M. 178, U.M. 278, U.M. 97, U.M. 278, U.M. 1700

On May 204, 200, at the same time, "○○○ Health Goods in the vicinity of a terminal located in the Sindong-gu for the same sex of China." The defendant imitated franchisium and alcee, made staticly identical or similar trademarks in the same shape and color with the above registered trademark, 1,600 Gabia (1100 g, 15,000 g, 15,000 retail price) and 4,000 Gabal City from 00,000 (120 g, 16,000 g, 100,000 g, 16,000 g, 16,000 g, e., 00,000 g, e., 00,000 g, e., 60,000 g., e., 16,000 g.,00 g.,000 g.

2. On October 15, 2005, when a low customs duty was imposed on the Chinese house with a relatively low trend of construction in China, the customs house will be reported to the customs house for smuggling import, and the heart ○○ is responsible for controlling smuggling import by establishing a smuggling import plan, providing funds, etc. The Defendant purchased and supplied it in China, supplied it to the Republic of Korea, and Kim○○ supplied it to the customs house with a false declaration as to the fact that he was climbing, and shared the roles of each customs clearance through customs clearance. On October 15, 2005, the Defendant brought it into Busan customs house with a single domestic house and 76,210km market price of 440,493,800 won at 40 feet container and 400 feet market price in China, and imported it to the customs house of △△△△△△△, a trade vessel of the Republic of Korea, without any attempted import declaration, and then discovered it to the customs house of the Republic of Korea and the customs house of Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each protocol of examination of a suspect by the prosecution on the maximum ○○, ○○, ○○○, ○○○, and Kim○○;

1. Each protocol of seizure;

1. To submit a report on the attachment of a copy of the decision on the least ○○○, other than the case as accomplices, and written expert opinions;

Application of Statutes

1. Article applicable to criminal facts;

In general, Article 3(1)2 and (2) of the Act on Special Measures for the Control of Public Health Crimes; Article 26(1) of the Pharmaceutical Affairs Act; Article 30 of the Criminal Act; Article 269(2) and (1) of the Customs Act; Article 269(2)1, and Article 241(1) of the Customs Act; Article 30 of the Criminal Act; Article 93 of the Trademark Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 269(2) and (2) of the Customs Act; Article 241(1) of the same Act; Article 30 of the Criminal Act (an attempted receipt of a false declaration)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments stipulated in the Act on Special Measures for the Control of Public Health Crimes, each of the violations of the Trademark Act, and punishment on the violation of the Act on Special Measures for the Control of the largest Public Health Crimes

1. Selection of punishment;

Punishment for a violation of the Act on Special Measures for the Control of Public Health Crimes shall be imposed concurrently, and imprisonment for a violation of each Customs Act shall be imposed separately.

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes by Imprisonment with prison labor prescribed by the Act on Special Measures for the Control of Public Health Crimes with the largest punishment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act ( normal consideration as deemed as the reason for suspension of execution below)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2007Da1448, Apr. 1, 2007); Article 62(1) of the same Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2, 2007).

The presiding judge, the deputy judge;

Judges Kim Gin-soo

Name of judge Class;