2015 highest 1121 Pharmaceutical Affairs Act, Violation of the Trademark Act, and promotion for the use of information and communications networks

2016 Highest 74 (Joint) Violation of the Act on the Protection, etc. of Medical Assistance and Information, and Credit Business, etc.

Violation of the Protection of Public Officials and Financial Users Act

A

South Korean Supreme Court Decision 201Na11148 delivered on May 1, 201

Attorney B

Law Firm C., Attorney D

April 5, 2016

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be subject to probation and shall be ordered to provide community service for 160 hours.

597,787,190 won shall be additionally collected from the defendant.

Criminal History Office

12015 Highest 1121

The Defendant: (a) was supplied with a fake and Simalce from E and sold it to F, etc.; (b) was arrested by F, etc.; (c) was proposed to request F, etc. to take charge of sending the Defendant’s outer caras and Simalty G to the buyer; (d) leased the Defendant Yeongdeungpo-gu Seoul Metropolitan Government Hiopiel 701; and (e) the Defendant sold the said Balgo and Simalty to intermediate wholesalers at that place; (e) the intermediate wholesalers sent the text messages to many unspecified persons via telephone counselors; and (e) the intermediate wholesalers received a list of applicants, such as address, year, desired medicine, volume, etc., from among those who expressed their wish to purchase, and then sent them to the Defendant; and (e) G received the above list of applicants from the Defendant to purchase, and then received the said Balgo and Simalty from the intermediate wholesalers to the address of the address; and (e) the Defendant received the money from the intermediate wholesalers to the account.

1. Violation of the Pharmaceutical Affairs Act;

A person, other than a pharmacy founder, may not sell or acquire, for the purpose of sale, notification risks of schomatic ingredients, different from those of schomatic ingredients, which are prescribed as prescription drugs.

Defendant and G are not a pharmacy owner.

A. From June 1, 201 to April 12, 2011, the Defendant: (a) received KRW 25,000 to KRW 30,00 per one sheet (30) from six persons from whom the name of the intermediate wholesaler is not known, and (b) received from six persons from the intermediate wholesaler to six persons from whom the name of the intermediate wholesaler is not known; (c) received the list of KRW 6,040 from the above intermediate wholesaler; (d) G sent the number of KRW 6,040 to the number of 6,040 who wished to purchase from the above intermediate wholesaler; and (e) B sent the number of KRW 849,236,67, which were remitted by the above intermediate wholesaler to the account managed by the above intermediary wholesaler; and (e) the Defendant received KRW 200,200,000 from the above intermediary wholesaler.

B. Around 16:00 on April 13, 201, the Defendant and G acquired and kept at the same place as the above A, for the purpose of sale, the sum total of 20,262 of 14,880, 14,880, 5,382, 20,000, the market value of prescription ingredients of which is equivalent to 400,000 won.

Accordingly, even if the Defendant conspired with G and is not a pharmacy founder, the Defendant sold or acquired the balconium ingredients and the calconium risks of salconium ingredients, as above, for the purpose of selling or acquiring them.

2. Violation of the Trademark Act;

No act of possessing for the purpose of transferring or delivering goods identical with or similar to the designated goods on which another person’s registered trademark or any other trademark similar thereto is marked.

The Defendant and G filed an application with the Korean Intellectual Property Office for the medicine for treating sexual functional disorder with the Korean Intellectual Property Office as designated goods at the time and at the same time and at the same place as described in paragraph (1) A. B., the Defendant and G infringed upon the above trademark rights of the said trademark right holder by acquiring and transferring the medicine for treating sexual functional disorder with the Korean Intellectual Property Office (hereinafter “Viagra”), non-Agra, VGR trademark, and the U.S. P. P. P. L. L. L. L. for the purpose of selling and transferring the medicine for treating sexual functional disorder with the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”), and by selling and transferring it.

Accordingly, the Defendant conspired with G, thereby infringing upon the trademark rights of the above trademark right holder.

2016 Highest 744

1. Violation of the Pharmaceutical Affairs Act;

The Defendant is not a pharmacy founder.

The Defendant conspired with F and K, from May 6, 200 to February 17, 2010, leased Nos. 1430 and 832 to provide PC, etc. in Seoul, Guro-gu, Seoul, and sent advertising text messages to F with the cell phone numbers stored in personal information DB purchased by the Defendant from M, i.e., i., g., al., al., 10% of 10, 30, 30, 100, 300, 400, 150, 18,000 won and 18,000,000 won and 18,000,000 won and 18,000,000 won and 17,000,000 won and 18,000,000 won and 18,000,00 won and 18,000,000 won and 18,00.

2. Violation of the Trademark Act;

No act of possessing for the purpose of transferring or delivering goods identical with or similar to the designated goods on which another person’s registered trademark or any other trademark similar thereto is marked.

The Defendant and F and K conspired with the Defendant and F and K acquired and possessed for the purpose of selling, at the same time, at the same place as the above Paragraph 1, and in the same manner as Paragraph 1, and sold and transferred them to the Korean Intellectual Property Office, and thereby infringing upon the trademark rights of the above trademark rights holders by the Columas as designated goods, which have been filed by the Korean Intellectual Property Office as a medicine for treating the shot functional disorder as designated goods.

3. Violation of Information and Communications Network Utilization Promotion Act.

No one shall knowingly receive any disclosed personal information for profit or for any other wrongful purpose.

Nevertheless, from June 2009 to January 201, the Defendant, along with F, purchased personal information DB that contains approximately KRW 30 million recommended personal information from M for the purpose of selling unauthorized drugs, as described in paragraph (1), and the Defendant and F sent an advertisement text message stating, “Isia, Siscece, 100% (10%), 30%) with cell phone numbers stored in the DB, as indicated in paragraph (1).

Accordingly, the Defendant, in collusion with F, was provided with the purpose of profit-making with knowledge of the leakage of personal information.

4. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

Any person who intends to engage in credit business or credit brokerage business shall register with the City/Do branch office having jurisdiction over the relevant place of business.

Nevertheless, the Defendant did not register loan brokerage business with N, and from January 18, 2010 to February 18, 2010, the office located in the office located in Guro-gu Seoul Metropolitan Office No. 522 and 1328, the Defendant provided the above office by leasing the above office. N employs approximately 10 employees, includingO, P, Q, R, S, and T, and the said employees have overall control over the loan brokerage business of the employees. The above employees sent loan brokerage text messages to the personal information DB stored in the above office with approximately 30 million personal information number, which the Defendant acquired from M using PC and ARS equipment, and then introduced loan text messages to the above loan applicant through the "U, a sub-site broker" connected by the above loan applicant and received necessary documents for the loan from the above loan applicant, and received 35% of the loan amount from the above loan applicant and received 35% of the loan amount.

Accordingly, the Defendant conspiredd with N to operate a loan brokerage business without registering the loan brokerage business as above.

Summary of Evidence

2015 Highest 1121

1. Defendant's legal statement;

1. Copies of each police interrogation protocol on V, W, G, and X;

1. Statement of the police officer to I;

1. A copy of the K’s e-mail statement, Y, and Z;

1. A copy of the report requested for appraisal, and a copy of the notification of the result of request for appraisal;

1. Copy of the original trademark register;

1. A copy of the seizure report, copy of the investigation report (Attachment of a photograph of the seized article, etc.), site photograph, and copy of the seized article;

1. A copy of the investigation report (related to mobile phone messages), a criminal investigation report (afinite or a photographic publication of the known image);

(C) copy, trademark photograph, investigation report (Account Number accompanied by delivery at home), account number copy;

Copy of photograph, investigation report (related to mobile phones for the use of crime), investigation report (crime list, crime account list);

5) Account guidance;

1. Information on each account holder, a copy of each specification of transactions, a copy of each service supply contract, and replies (value of mail);

(Receipt), copy of receipt,

1. Each mobile telephone number message, a copy of the account number guidance, advertising details, a copy of a sold product photograph;

A copy of a door-to-door photograph or a mobile phone text message;

2016 Highest 741

1. Defendant's legal statement;

1. Each police interrogation protocol of G, AA,O, P, Q, R, S, T, N, AB, M, F, and K;

1. Copy of the AC statement;

1. A copy of the investigation report (Attachment of the trademark registration report), and the original trademark register;

1. Copy of the report on the request for appraisal, copy of the investigation report (the result of appraisal), copy of the test report, and copy of the result of appraisal;

1. A copy of the list of seized articles, a copy of each seizure record, a copy of each seizure record, and a copy of the photograph of seized articles;

1. A copy of the details of transactions, a copy of investigation reports (Submission of details of payment account transactions) and a copy of the details of transactions;

Application of Statutes

1. Article applicable to criminal facts;

Article 93(1)7 of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015);

§ 44(1) of the Criminal Act, Article 30 of the Criminal Act (the point of sale and acquisition of medicines for the purpose of sale), inclusive

(B) Article 93 of the Trademark Act and Article 30 of the Criminal Act (the point and board of infringement of trademark rights by the sale of medicines)

In case of infringement of trademark rights due to the acquisition of drugs for the purpose of sale, each of the registered trademarks is covered by each of the registered trademarks, information copies

Article 71 subparagraph 6 of Article 71, Article 28-2 (2) and Article 30 of the Act on Promotion of New Network Utilization and Information Protection, Etc.

section (Acquisition of Illegal Personal Information for Profit), registration of credit business, etc., and protection of finance users;

Act No. 19(1)1, Article 3 of the Criminal Act, Article 30 of the Criminal Act (the occupation of unregistered credit business)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Articles 40 and 50 of the Pharmaceutical Affairs Act and each trademark violation, respectively, with heavier punishment.

Punishment for a violation of the Trademark Act

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. Additional collection:

Articles 10, 8(1), and 2 subparag. 1 and 2(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment

Table No. 9

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes under the Trademark Act;

[Determination of Punishment] Infringement of Registration of Intellectual Property Crime Group

[Special Aggravations] Deserting multiple consumers or using active means of deceptions

In the case

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 3 years

(b) Application of standards for handling multiple crimes;

Since the sentencing criteria are concurrent crimes for which the remaining crimes are not set, the lower limit is based on the above trademark violations.

2. Determination of sentence;

The damage of this case is significant and has caused harm to the general distribution order of drugs and serious harm to the national health, etc. due to the following factors: (a) the damage of this case is significant and the means and methods of committing the crime; (b) the normal distribution order of drugs was disturbed.

However, it seems that the defendant has been divided in depth and reflected in the defendant's mistake, and that there is no same criminal records for the defendant, etc. are factors of sentencing favorable to the defendant.

In addition, in full view of all other circumstances, such as the age, character and conduct, the environment, the motive and circumstances of the crime, and the circumstances after the crime, etc., the punishment shall be determined as per the order of the recommended sentencing guidelines.

The Order of Meritorious;

A list of crimes (1) to a list of crimes (7)

(1) From 1 to 7) Deleted.