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(영문) 인천지방법원 2015. 5. 15. 선고 2015고정302 판결
[특허법위반][미간행]
Escopics

Defendant

Prosecutor

Court-style (prosecution), Kim Jong-tae (Trial)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

The defendant is the representative of ○ Timber in Seo-gu, Incheon ( Address omitted).

On January 2013, the Defendant infringed the patent right of the victim company by manufacturing, producing, and selling packaging boxes that fall within the scope of the above patent right, which are registered with the Korean Intellectual Property Office (patent registration number omitted) by the victim Nonindicted Co. 1 Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of Nonindicted Party 2

1. A written accusation;

1. Patent certificates and Patent Gazette;

1. Product photographs and assembly drawings related to the patent;

1. Two copies of a patent trial, trial, or trial decision;

Application of Statutes

1. Article applicable to criminal facts;

Article 225 (1) of the Patent Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Kim Sung-jin

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