logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.12.05 2013고정4975
약사법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a trade name “C” on the B2nd floor in Busan Jung-gu.

No one shall manufacture, sell, manufacture, or sell goods bearing a trademark identical with or similar to a registered trademark of another person, and no person, other than a pharmacy founder, may sell drugs or acquire drugs for sales purposes.

Nevertheless, on April 3, 2013, the Defendant: (a) obtained, and possessed, for the purpose of sale, a false trademark with the same forged trademark as “Abera” registered with the Korean Intellectual Property Office as “Viagle (Viagle)” from the sales shop of the above adult products, from around 50 middle-class, the name of which cannot be known; (b) obtained, and possessed, from around 21:00 on May 31, 2013, the Defendant sold to customers of the above adult products, approximately 20,00 won, and approximately 20,200,000 won, and approximately 20,000,00 won,” where the same forged trademark is registered with the Korean Intellectual Property Office as the medicine, etc. for the above treatment, etc.; and (c) acquired, possessed, and sold, from the sales store of the above adult products.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report and accompanying documents;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 93 of the Trademark Act as to facts constituting an offense, and Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act (the point of sale of an unqualified drug);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violation of the Trademark Act due to the sale of fake vilass and eggs in the market and the crimes of violation of the Pharmaceutical Affairs Act);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow