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(영문) 인천지방법원 2018.04.27 2018고정612
특허법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

C is a person who produces and supplies a part of the contact, which is an inside part of the contact, under the trade name of “E” in Ora-si, Ora-si D.

Defendant

A is the representative of corporation B, a corporation located in 210, Nam-gu, Incheon, the NF Corporation 210, and is a person who assembles and sells the finished product of the electrical contact with C after being supplied with a recipient of contact.

Defendant

B (Representative Director: A) is a corporation established for the purpose of manufacturing and wholesale and retailing electric code.

1. Defendant A’s written indictment is written as “K” but it is apparent that it is a clerical error in the record, and thus, it is corrected as above.

I filed patent registration (registration number J) with the Korean Intellectual Property Office with respect to H’s “I” technology.

From June 1, 2015 to December 31, 2015, the Defendant requested C to supply a total of 357,481 supply price (total supply price of KRW 6,242,593) with the part of the injured party who infringed the patent registration technology, as described in the daily list of crimes, and C, even with the knowledge that the said part of the contact infringed the patent of the injured party, was supplied to the Defendant.

Accordingly, the Defendant conspiredd with C to infringe the patent right of the victim.

2. A, the representative of Defendant B’s Defendant B, infringed the victim’s patent right in relation to the Defendant’s business at the same date and place as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement of the police statement related to G;

1. A complaint, list of access parts, patent registration ledger, agreement, copy of judgment, Korean Intellectual Property Tribunal's decision, patent court's decision, Supreme Court's decision, and contact product photograph;

1. A corporate statement;

1. The place of each work;

1. Investigative report - Attachment of a certified copy of corporate registry, investigation report - analysis and attachment of daily work logs, investigation report - preparation of a monthly sight table for the quantity of delivery and sale, and application of Acts and subordinate statutes of investigation report (price of delivery at the contact point);

1. Criminal facts;

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