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(영문) 부산지방법원 2014.01.23 2013고정5513
약사법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a trade name “D” in Yangsan-si, Yangyang-si, where the Defendant sells adult products.

No one shall manufacture, sell, manufacture, or sell any product bearing a trademark identical with or similar to another person's registered trademark, carry such product for the purpose of sale, sell, acquire any forged drug for the purpose of sale, store or display it, and no person, other than a pharmacy founder, may sell drugs or acquire them for the purpose of sale.

Nevertheless, around May 1, 2013, the Defendant: (a) obtained, and possessed, for the purpose of sale, a forged trademark identical to “Calis” registered with the Korean Intellectual Property Office as a medicine for treatment of shota (Viagra) disorder; and (b) obtained, and possessed, for the purpose of sale, the Defendant acquired, and possessed, for the purpose of sale, a forged trademark identical to “Calis” registered with the Korean Intellectual Property Office in the same manner as “Calis” registered with the Korean Intellectual Property Office by 30 U.S. Liuria Libn&D Ltd,” from the sales store of the above adult products at around 18:00 on June 1, 2013; and (c) obtained, and possessed, for the purpose of sale, approximately 210,000,000,000,000,000,000 won, from the sales store of the above adult products.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 93 of the Trademark Act; Article 93 (1) 7 and 10, Article 44 (1) and Article 61 of the Pharmaceutical Affairs Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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