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(영문) 의정부지방법원 2015.10.19 2013고단3438
특허법위반등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a person operating “G” to repair and manufacture industrial machinery in Macheon-si F, and H applied for registration as K registration number L by applying for “I”, which is a part of “E, installed in the compression and cutting device of “E,” which is a device to cut it into a certain size, and is installed in the compression and cutting device of “E,” which is a part to facilitate slot operation, and is used to control metal wastes put into the said equipment in terms of equipment, and registered with K registration number N by applying for the J of “M”, which is a part used to control the metal wastes put into the said equipment.

On May 2012, the Defendant produced “I” and “M” registered in “G” as above, and sold “I” and “I” to theO for KRW 390 million around September 2012. On October 2012, the Defendant leased “I” and “I” to P for KRW 100 million monthly rent of KRW 100 million.

Summary of Evidence

1. Statement made by H in the third trial records;

1. Each prosecutor's protocol of examination of the accused (including H part of the statement);

1. A copy of the design registration certificate, a copy of the similar design registration certificate, a copy of the business registration certificate (G), a copy of the business registration certificate, a copy of the business registration certificate, a complete certificate of registered matters, a confirmation of the scope of the right to design registration (G stock company), each of the Design Gazette for Registration (L, N, and equipment photographs);

1. The Defendant and his defense counsel alleged that “I” and “M” were not attached to each of the above machines as stated in the facts constituting a crime in the judgment below. However, the Defendant’s investigation acknowledged the fact that H was used the same slot and pressure as the design registered in each of the machinery listed in the facts constituting a crime in the prosecutor’s investigation. The above slot and pressure are each registered criminal facts in the trial to confirm the scope of a patent right, each of which is registered by H in the judgment below.

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