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(영문) 의정부지방법원 2018.01.29 2017고단5362

상표법위반

Text

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

Seized evidence 1 to 51 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who distributes and sells the counterfeit products bearing a forged trademark registered by a person who has registered an overseas well-known trademark in China to a warehouse, while supplying them in China, and storing them in the warehouse.

On November 13, 2017, the Defendant received 930 trademarks (registration number: No. 059471, No. 0423819, etc.) of the same and similar type as the trademark registered at “a company located in the Gabrole Ba-gu, U.S.-dong, U.S.-dong, U.S.-dong, U.S., for the purpose of sale to persons whose name is unknown after obtaining a trademark registration (2.2 million won per unit market price) from “a company located in the Gabrole-gu, U.S.-dong, U.S.-dong, U.S.-dong, U.S.,” and kept 930 trademarks of the same type as the trademark registered at the Gabro-si, U.S.-dong, U.S., for the purpose of sale from persons whose name the trademark right holder registered at the 23 companies, as indicated in the list of crimes, and sold the trademark rights in total for the purpose of sale of 30.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of seizure, list of seizure, and attached copies: Records of photographed materials on the scene of the disposal of seized articles, attached copies: The photograph of seized articles (see, e.g., list of seized articles), attached copies: The trademark registration ledger (a brand): reply to a request for appraisal, such as whether trademark infringement has been infringed, attached copies: the trademark registration ledger (a trademark registration ledger), and attached copies: Each entry in the list of total market values of seized articles, and the application of video Acts and subordinate statutes;

1. Relevant legal provisions and Article 230 of the Trademark Act regarding criminal facts as well as the choice of punishment (Selection of Imprisonment);

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 236(1) of the Trademark Act and Article 48(1) of the Criminal Act [the scope of applicable sentences under the law] imprisonment with labor for not more than seven years [the scope of recommended sentences] fundamental area of infringement of registration among the intellectual property rights groups [the scope of recommended sentences]: From October to October, the crime like this case violates the right of a trademark right holder.