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(영문) 부산지방법원 2015.04.09 2015고단922
상표법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a adult product store with the trade name “D” in the Geum-gu Busan Metropolitan Government C.

1. No one, other than a pharmacy founder who violates the Pharmaceutical Affairs Act, may sell drugs, or acquire them for the purpose of sale, or store or display them for the purpose of sale;

A. From January 2013 to October 16, 2014, the Defendant acquired, and stored for the purpose of sale, 28 non-afluorine 28, a prescription drug, and 44, a forged fluorine 24, a forged fluorine 28, a prescription drug, and a forged fluorite 24, a fluorine anesthesia, and a part-time 44, a national anesthesia.

B. On September 21, 2014, the Defendant sold 40,000 won, a forged medicine, to the customers who found the said D, as above.

2. No trademark identical or similar to the registered trademark of another person in violation of the Trademark Act shall be used, or sold or possessed for the purpose of having another person use it on the designated goods;

Nevertheless, on October 16, 2014, the Defendant infringed the trademark right of the trademark holder by possessing a trademark identical or similar to the trademark of the trademark right holder, “Agra,” which is the trademark of the trademark right holder, and the trademark of the trademark right holder, “Agra,” which is the trademark of the trademark right holder, and the trademark of the trademark right holder, which is identical or similar to “Agra,” which is the trademark of the trademark right holder LelC, for the purpose of sale of fake 28 and fake 24.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the charge book, each protocol of seizure, investigation report and attached documents (No. 8 through 11, 16 through 22)

1. Relevant provisions of Article 93(1)7, Article 44(1) of the Pharmaceutical Affairs Act concerning facts constituting an offense, Article 93(1)10, Article 61(1)1 of the Pharmaceutical Affairs Act (the fact of acquiring medicines), Article 93(1)10, Article 93(1)10, and Article 61(1)1 of the Pharmaceutical Affairs Act (the fact of selling counterfeited medicines), and Article 93 of the Trademark Act.

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