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(영문) 인천지방법원 2013.06.28 2012고정5108
약사법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was an employee of the C company that sells imported health and general medicines.

1. No person who violates the Pharmaceutical Affairs Act shall sell forged medicines;

Nevertheless, on November 2010, the Defendant sold in KRW 120,000,00 forged Magra (100 g/Mag) 20,000, forged Magra (100 g/Mag) 20,000 to E at the F pharmacy operated by the Incheon Strengthening-gun, the Defendant sold at KRW 180,00,000,000.

2. The Defendant violated the Trademark Act: (a) at the time and place indicated in paragraph (1) of this Article, the Defendant sold to E any forged trademark right holder’s trademark registration of the medicine for treating sexual functional disorder to the Korean Intellectual Property Office, which had been arbitrarily indicated by the mark of Viagra (Viagra), 20 U.S. Magra, and the U.S. Magra LC Co., Ltd sold to the Korean Intellectual Property Office 30 U.S. trademark rights by selling any forged eggs (IALIIIS) mark arbitrarily indicated by the Time Declaration of Magra (U.S.).

Summary of Evidence

1. Legal statement of witness E;

1. A copy of each police statement concerning G;

1. A H statement;

1. The protocol of seizure, the protocol of seizure and the respective list of seizure;

1. Contact of the result of appraisal;

1. Application of relevant Acts and subordinate statutes such as power of attorney;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 93 (1) 10 and 61 (1) 1 of the Pharmaceutical Affairs Act (including the sale of counterfeited medicines and the sale of medicines), Article 93 of each Trademark Act, and the selection of fines for negligence;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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