beta
(영문) 의정부지방법원 2013.06.13 2013고단967

상표법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No person shall infringe on a trademark right by keeping, etc. goods identical with or similar to the designated goods on which the registered trademark or a trademark similar thereto is marked without permission of the owner of the trademark right.

At around 15:00 on March 12, 2013, the Defendant infringed on the trademark right of the said owner of the trademark right by keeping 588 goods equivalent to 504,854,000 won in total at the market price of refined goods with a forged trademark attached, as shown in the attached Form (crime List) including 100 bags attached with the trademark registered by Louis Vuitton on the horse belt (Luitton) at C stores operated by the Defendant located in Dongducheon-si B, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic investigation reports (Submission of reports on collection of information from the Korea Intellectual Property Protection Association);

1. Collection result;

1. On-site certificates;

1. Application of Acts and subordinate statutes to investigation reports (the results of appraisal reply and the original trademark register);

1. Article 93 of the Trademark Act as to facts constituting an offense (excluding each of the registered trademarks);

1. Where several trademark rights are infringed on by an act of commercial concurrent custody, several crimes of violation of the Trademark Act are established, and each crime is in a relationship of commercial concurrent crimes.

Articles 40 and 50 of the Criminal Act (Mutual Violation of the Trademark Act by Registered Trademark)

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the Criminal Act), which stipulates that the defendant will not repeat again as he has

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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