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(영문) 서울서부지방법원 2016.09.02 2014고정2087
특허법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is D representative director of a corporation which wholesales miscellaneous articles such as computers and peripheral devices on the second floor of Yongsan-gu Seoul Metropolitan Government building or sells online products.

On December 2013, the Defendant: (a) supplied 906 trademarks of “Fing7” manufactured by infringing on the patent right of the Ansan-gu Madebro-tension, which had been registered with patent No. 10-135154 by the injured piracy Co., Ltd., Ltd., and sold 89,000 won per unit to online consumers from around that time to July 28, 2014; and (b) sold 55,000 won per unit to shopping mall sellers from December 2, 2013 to July 28, 2014; and (c) infringed the victim’s patent right and design right as described in the attached list of crimes committed.

2. The facts charged in the instant case are crimes falling under Article 225(1) of the Patent Act, Article 220(1) of the Design Protection Act, and where a public prosecution cannot be instituted without filing a complaint under Article 225(2) of the Patent Act, and Article 220(2) of the Design Protection Act. According to the statement on withdrawal of a complaint filed in the trial record, it can be recognized that piracy Co., Ltd., the complainant, revoked the complaint on July 27, 2016, which is the date of the instant public prosecution, pursuant to Article 327 subparag. 5 of the Criminal Procedure Act. Thus, the instant public prosecution

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