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(영문) 부산지방법원 2015.12.11 2015고단6810
변리사법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a patent attorney who has established and operated a Clegal Office in his/her name from around 2007 to January 2010 under the 319 of the Dongwon-gu, Gyeonggi-si, Gyeonggi-si, and D and E are not qualified as a patent attorney from the patent attorney office to the person who works as an employee.

No patent attorney shall act as an agent in matters concerning patent, utility model, design, or trademark to another person, shall allow any third person to appraise such matters and perform other duties as an appraisal of such matters, or lend his/her qualification certificate or registration certificate to another person.

Nevertheless, the Defendant had D and E operate the said C legal office from January 2010 to December 31, 2014, and had D and E act as an agent in relation to the application for “G” from January 1, 2010 to January 29, 2010, and had D and E act as an agent on behalf of the Defendant in relation to the patent application for “G” from January 1, 2010, and had D and E act as an agent for the patent, trademark, and design under the name of the Defendant, as indicated in the attached list of crimes, until December 29, 2014.

Accordingly, the defendant allowed D and E to use his trade name, and lent his patent attorney qualification certificate to conduct patent attorney business.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each interrogation protocol of E or D;

1. Application of Acts and subordinate statutes to investigation reports (the details of transactions in foreign exchange banks, details of each patent application, a list of tax invoices, a list of total tax invoices and balance sheet, the Industrial Bank of Korea's account statement, Samsung Card deposit details, changes in interest certificates and business registration certificates, the current status of application, and the current status of

1. Articles 24 (1) and 8-3 (1) of the Patent Attorney Act and the choice of imprisonment with labor concerning facts constituting an offense;

1. The suspension of execution has no record of crime except once a fine due to drunk driving under Article 62(1) of the Criminal Act, or errors therein;

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