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(영문) 서울중앙지방법원 2019.05.22 2019고단454
공문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a patent attorney working in the CPatent Law Office located in Seocho-gu Seoul Metropolitan Government, and entered into a patent business contract with the representative director E of D and the Mandole Display Board around April 2017, and received the fees, respectively, on August 2017.

On May 18, 2018, the Defendant promoted the patent registration of E at the above C-Patent Law Office, but the patent work did not proceed well, and had the intent to forge the patent decision and deliver it to E. In the form of the patent decision stored on the Defendant’s computer, the Defendant, using the computer, stated “applicant name Co., Ltd. D (patent customer number: F), the applicant’s name, A, the inventor’s name, E, the application number, the name of the G, H, and this application as “I decide to grant a patent pursuant to Article 66 of the Patent Act, I, I, and J of the Korean Intellectual Property Office, I, and I,” and arbitrarily signed by J in the name of J.

The defendant, in the same manner, stated that "the applicant's name corporation D (patent customer number: F), the name of agent A, the inventor's name E, the number of the invention K, the name L of the invention, the patent application in accordance with Article 66 of the Patent Act, the patent examiner of the Korean Intellectual Property Office, I and M", and signed M at will on the name next to M.

The Defendant sent two copies of the patent decision forged as above at the same place on the same day by e-mail to E who is unaware of the forged fact, and had E output at that time.

Accordingly, for the purpose of uttering, the Defendant forged and exercised a copy of the patent decision in the name of I and I and examiner J and M, which is an official document.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each forged decision on patent;

1. Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense, respectively;

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