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(영문) 서울중앙지방법원 2016.05.12 2016고단1828
상표법위반등
Text

Defendant

A Imprisonment with prison labor for two years, for six months, for six months, and for one year, for Defendant C.

, however, the defendant.

Reasons

Punishment of the crime

1. He/she shall not sell or acquire drugs for the purpose of sale, and no person shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods for the purpose of using such trademark for use;

Defendants and one-day “F” as a pre-treatment agent even if the Plaintiff was not a pharmacy founder, and the U.S. trademark holder of the U.S. “Viagle” had the trademark “Viara” registered with the Korean Intellectual Property Office, and the U.S. trademark owner “S. YELC” conspired to sell fake Vira, and fake car with the same pattern as the trademark registered with the Korean Intellectual Property Office (hereinafter “Ciis”), and F set up a license site for the pre-treatment medicine sales with the word “G,” and upon receipt of the sales proceeds from the buyers upon receipt of the sales proceeds from the buyers, the Defendant sent the said fake, Gaara, and Gaais to the said buyers, and the Defendant sent the instant fake, i.e., Defendant F under the direction of the buyer and the buyer, and Defendant F sent the fake delivery to the said buyer.

According to the foregoing conspiracy, from May 12, 2015 to March 14, 2016, Defendants and F sold fake Viara, and a fakeis on the G website by posting an advertisement to sell the fake cryis in the said manner, and carrying approximately KRW 655,920,742 won in total (excluding No. 456 a. 4,145) as shown in attached Table 1 for the crime committed in attached Table 1, such as selling the fake Vigra, and the fake cryis to buyers, including H and I, who contacted with the said advertisement by the said method, and selling the fake Vigra, approximately KRW 12,00,00.

As a result, the Defendants conspired with F and sell drugs to others, not by pharmacy founders.

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