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(영문) 서울남부지방법원 2013.09.27 2013고정2165
특허법위반
Text

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

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of manufacturing food (health assistance) and wholesale and retail business, and Defendant B is the actual operator of the above corporation (Defendant B is the representative director of the corporation and established and operated the above corporation). D is a business director of the above corporation, who is in charge of selling and managing products.

1. Defendant B and D acquired the patent right from E on September 12, 2007 with respect to “F” and conspired to manufacture and sell products containing F ingredients without the consent or delegation of the patentee, despite being aware that the Victim B and D acquired the patent right from E around September 12, 2007. On June 201, 201, Defendant B and D requested the representative of HI located at Hoju-si to manufacture “K” in which F ingredients, etc. were entered, and received 500 bits of the said products from the said J and received 500 bits of the said products (30 bits of the said products) from the said J around the end of October 201.

2. Defendant A Co., Ltd. committed the above violation in relation to the Defendant’s business at the date, time, and place under the preceding paragraph, B, etc., who is the actual representative of the Defendant

Summary of Evidence

1. Defendant B’s partial statement

1. Each police suspect interrogation protocol regarding D;

1. The police statement of M;

1. The original patent register and the Patent Gazette;

1. Application of Acts and subordinate statutes, such as D name cards, a statement of bank transactions, and a contract for acceptance of business;

1. Article 230 subparagraph 1 of the Patent Act and Article 225 (1) B of the Patent Act: Defendant B: Article 225 (1) of the Patent Act, Article 30 of the Criminal Act;

2. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act.

3. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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