Text
Defendant
A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 10 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendants shall be separated from others, and no patent attorney shall allow any other person to provide patent services using his/her name or trade name, nor shall lend his/her certificate of qualification or registration to any other person.
Nevertheless, around October 2012, the Defendants: (a) lent the Defendants’ name to F, who is not a patent attorney; (b) requested F to file a trademark or design application using “G” or any other website; and (c) agreed with F to obtain 1/2 of the net profit accrued from the above representation service; and (d) each of the Defendants 1/4, respectively.
Accordingly, on October 10, 2012, at the office of “I” located in Jongno-gu Seoul Metropolitan Government, the Defendants: (a) demanded F to enter the Defendant A as an agent at the Korean Intellectual Property Office’s request for trademark application; and (b) demanded F to act as an agent by filing an application for trademark registration; and (c) from around that time to April 30, 2013, F to around April 30, 2013, paid KRW 46,115,445 in return for the loan of name from F.
As a result, the Defendants conspired to use the name of the Defendants to allow F to provide patent-related services.
Summary of Evidence
1. On January 20, 2016, the protocol concerning the interrogation of the suspect to the prosecution by the Defendants, and the protocol concerning the interrogation of the suspect to the prosecution by the Defendants A on January 20, 2016
1. Statement of each part of the protocol of interrogation of suspect to the prosecution (No. 100 No. 100), each of the protocol of interrogation of suspect to the prosecution against F, August 21, 2015, the person under obligation to F, January 13, 2016, and January 14, 2016, and the protocol of interrogation of suspect to the prosecution (No. 107 No. 107 of the evidence list) against F;
1. Statement made by each prosecutor to Defendant A by the prosecution, and statement made by each prosecutor to the public prosecutor with respect to K and L;
1. Each investigation report (to submit details of transactions A with reference witnesses 1, 2);
1. Details of management of partner deposits (No. 31 No. 51 of the evidence list);
1. The source and method of water supply;