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(영문) 서울중앙지방법원 2016.10.06 2016고정2573
약사법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one who violates the Pharmaceutical Affairs Act shall sell forged drugs, store or display them for sale;

Nevertheless, around March 16, 2016, around 18:36, the Defendant sold to customers C a forged drug “D” that imitates “non-absata”, which is an instrument for the treatment of cirical donation, to customers C within the adult store operated by himself/herself in Gwanak-gu in Seoul Special Metropolitan City.

2. No person who violates the Trademark Act shall infringe on a trademark right or an exclusive license by an act of possessing, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person’s registered trademark is indicated;

The Defendant violated the trademark right of the said trademark right holder by possessing for sale three purposes a trademark identical or similar to a trademark registered with the Korean Intellectual Property Office (No. 0547476) in the foregoing date, time, place, “Irt Irt Irt Irt Irt Irt Irt Irt Irt Irrt

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the offender's place, closure photograph and report;

1. Requests for appraisal;

1. Report on internal investigation (a copy of the trademark register and a leapment appraisal report);

1. Application of Acts and subordinate statutes to a copy of the trademark register as a result of appraisal of the development of household effects; and

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1) 10 and 61 (1) 1 of the Pharmaceutical Affairs Act (the point of sale of counterfeited medicines), Article 93 of the Trademark Act, and selection of fines, respectively;

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

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

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

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