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(영문) 서울중앙지방법원 2014.09.15 2014고정3300
약사법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act may sell medicines;

Even if the Defendants were not pharmacy founders, Defendant A conspiredd to take charge of purchasing an advance donation treatment system, such as a fake, from a person whose name is unknown, and of distributing promotional leaflets, as seen above, to the customers who had contacted Defendant B by reporting on the promotional leaflets with the content that the “sale of a non-oper,” which was distributed to Defendant B in a high-speed bus terminal, etc., and then to the Defendant B’s title. Defendant B conspired to take charge of distributing promotional leaflets, such as the following: (a) the role of purchasing an advance donation treatment system, including a fake, from a person whose name is unknown; and (b) the role of purchasing a non-oper, etc.

Accordingly, on May 22, 2014, Defendant A received a phone call from Defendant B, which reported and contacted the front page distributed by Defendant B, and provided D that “I will send a person to the exit No. 8 in the calendar station,” and Defendant B sent two fake 1 to Defendant B, who read “I will sell B, I will sell B, I will sell B, I will.” Defendant B sold D a fake 2 to D prior to the exit No. 8 in the calendar station No. 8 in the calendar station in Gangnam-gu Seoul, Seoul. Defendant B sold KRW 30,000,000 to D prior to the exit No. 152 in the calendar station in the calendar station No. 152.

2. No person who violates the Trademark Act shall possess goods identical or similar to designated goods bearing another person's registered trademark without the right to use such trademark for the purpose of transferring or delivering such goods;

Nevertheless, the Defendants, as stated in Paragraph 1, agreed to sell a fake on which the trademark “Viagra” and registration number No. 0547476, registered under the registration number No. 0387168, which was registered with the Korean Intellectual Property Office as designated goods by the chemical, professional, and professional, in which the Defendants shared the role as indicated in Paragraph 1, and thereby selling a fake on which the trademark “VGR” was attached.

Defendant

B around May 22, 2014, Defendant B sold to the said D at the exit No. 8 of the said calendar station.

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