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수원지방법원 2016.08.18 2016고단2839

상표법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From January 12, 2015 to January 19, 2016, the Defendant supplied forged goods from “C (D and E)” operated by B, etc. and sold them to unspecified persons, and sold them, 351 points, 121 points and 121 points and others, such as fake bags attached to 24 trademarks, to which the trademark right holder had the same trademark as “Gu’s hazardous trademark registration number: No. 648020, 6480, 641 points and 121 points and others, as indicated in the attached list of crimes, by selling them to each third,923 points, such as fake bags attached to the trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. The list of wholesalers, investigation reports (specific details of sale), F transaction details, F transaction details, investigation reports (calculated of fixed prices), pricing lists, list of fixed prices of goods, trademark registration lists;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts (Options of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reason for sentencing under Article 97-2 (1) of the Trademark Act extends to the period of selling fakes, etc. and sells them, the liability for the crime is not exceptionally imposed. However, considering the fact that the defendant reflects his fault in depth, the defendant is the primary offender, and other factors such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment is determined as set forth in the order.