2018 Highest 285 Violation of the Trademark Act, Pharmaceutical Affairs Act

A person shall be appointed.

Residence

Private acceptance (prosecutions) and Kim fixed (Public Trial)

May 18, 2018

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 18 shall be confiscated.

Criminal facts

1. Violation of the Trademark Act;

No person shall possess goods identical or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transferring or delivering them.

Nevertheless, around September 7, 2017, the Defendant: (a) held that: (b) the U.S. Piagra trademark (trademark registration number No. 0387168); (c) the U.S. A. LIL LIIS trademark (trademark registration number No. 0491830); and (d) the U.S. Johnson’s PRIGY’s trademark (trademark registration number No. 0630586); and (b) the U.S. Johson’s trademark (trademark registration number No. 0630586); (c) the Defendant transferred the forged donation treatment system total9,680.

2. Violation of the Pharmaceutical Affairs Act;

No person shall sell forged drugs, or store or display them for sale.

Nevertheless, the Defendant stored the 15th class 28,580 forged drugs for sale, including those stored for sales purposes at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol concerning the examination of suspect against Kim○-○;

1. The list of seizure;

1. Investigation report (with respect to confirmation of purchase details of plastic containers in custody of U.S. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P.P.

1. Evidence and photograph of execution of a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes concerning the conversation content of ○○○ SNS (Kakao Stockholm);

1. Article applicable to criminal facts;

Article 230 of each Trademark Act (the infringement of trademark rights, inclusive by registered trademark), Articles 93(1)10 and 61(1)1 of the Pharmaceutical Affairs Act (the point of storage for sale of counterfeit drugs)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Selection of punishment;

Imprisonment Selection

1. Confiscation;

The crime of this case for reasons of sentencing under Article 48(1)1 of the Criminal Act and Article 236(1) of the Trademark Act shall be sentenced to the defendant by taking into account the following facts: (a) the fact that the defendant maintains the normal distribution order of the drug for the purpose of sale by keeping the forged drug for the purpose of sale, and may pose a serious danger to national health; (b) the quantity of the forged drug is not less than 28,580, and the fixed price of the drug is not less than KRW 700,000,000; and (c) the defendant was sentenced to a fine due to the violation of the Pharmaceutical Affairs Act and one time before and after being sentenced to a fine due to the violation of the Pharmaceutical Affairs Act; and (d) the punishment shall

Judges Park Hyun-chul