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(영문) 서울남부지방법원 2020.11.12 2020고단2753
특허법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation with the purpose of manufacturing and selling electric measuring instruments in Geumcheon-gu Seoul Metropolitan Government, and Defendant A is the actual representative of Defendant B.

1. On August 6, 2018, Defendant A sold 1,125,00 won, including an identical or equal composition with “G” registered with the Korean Intellectual Property Office on November 27, 2013, at the above location, and sold 1,125,000 won to Company I. From this point to October 30, 2019, Defendant A sold 8 parts of “H” over four occasions as indicated in the list of crimes, and infringed the victim’s patent right.

2. Defendant B, a corporation, committed an offense against the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Statement of the police statement on sponsors;

1. A trial to confirm the scope of a patent right (the Intellectual Property Tribunal 2018Da1091) and a trial to confirm the invalidity (the Intellectual Property Tribunal 2019Da1043);

1. Specifications (G) and B product introduction;

1. Application of the Acts and subordinate statutes on investigation reports (data on sale of infringing products A), tax invoices, and specifications of transactions;

1. Article 225 (1) of the Patent Act; Article 225 (1) of the Patent Act; Article 230 subparagraph 1 of the Patent Act; Article 225 (1) of the Patent Act; Article 225 (1) of the Patent Act; Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act (Defendant B Co., Ltd.) takes into account the unfavorable circumstances that the Defendants were unable to reach an agreement with the injured party; however, the Defendants’ quantity of the patent infringement products produced and sold by the Defendants is relatively large; and the sentencing conditions of the instant pleadings are considered in light of all the factors indicated in the instant pleadings.

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