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(영문) 부산지방법원 2013.12.10 2013고정5070
약사법위반등
Text

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

If the defendant does not 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” from the Busan East-gu B-1st floor to sell adult products.

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 February 2013, the Defendant: (a) purchased, possessed, for the purpose of sale by purchasing at KRW 180,000, a forged trademark “Calis” attached to the Korean Intellectual Property Office, which had the same forged trademark as “Viagle (Viagle)” registered with the Korean Intellectual Property Office as a medicine for treatment of salutic disorder; and (b) obtained, possessed, on June 21, 2013, approximately 30,00, a sum of 30,00, a sum of 30,00,000, a false trademark attached to “Calis” registered with the Korean Intellectual Property Office by the aforesaid medical treatment, etc.; (c) obtained, possessed, for the purpose of sale by purchasing at KRW 180,00,00, a sum of 30,000,000,000,000,000,00,00,00,00,00,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of seizure, list of seizure and voluntary submission;

1. A copy of the protocol of statement, such as a copy of the trademark register, copy of the trademark register, two photographs, two photographs and explanatory notes, one copy of the written statement of statement, and one copy of the written appraisal of the draft;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of purchased fake, fake eggs, and photographs of purchasing places), investigation reports (as to the classification of non-agra and eggs, and household effects), investigation reports (as to attachment of delegations of attorney for non-agra and eggs), investigation reports (as to attachment of non-agra and household effects); and

1. Medicines under Article 93 of the Trademark Act as to facts constituting an offense (the fact of infringement of each trademark right and each registered trademark) and Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act, even though a pharmacy founder is not a pharmacy owner.

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