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(영문) 인천지방법원 2016.11.24 2016고단6797

상표법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

Nevertheless, around June 13, 2016, the Defendant imported a total of 3,535 points of counterfeit goods for sale in the Republic of Korea, as shown in the attached list of crimes, using the Chinese Republic of China's Republic of China and B B, with labels, etc. as designated goods by the Korean Intellectual Property Office, as the trademark registration number No. 0468373, or a forged JAUAR trademark identical or similar to the JAUAR trademark registered by the JAUR No. 046833, as the designated goods, and infringed the trademark rights of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Report on the detection of 29CT [4,450 points], such as the request for accusation, forged BMW labels, etc. 29CT (4,450 points), confirmation of infringement of intellectual property rights, actual owner confirmation certificate, trade dispute is a business registration certificate, exposed goods photograph, exposed goods list, investigation report, inspection report, labeling appraisal report, trademark register, labeling appraisal and trademark register, Mtz assessment and trademark register, Mtz assessment and trademark register, Mtz assessment and trademark register, Mtz assessment and trademark register, Mtz assessment and trademark register, Rtz assessment and trademark register, trademark register, old Mtt assessment and trademark register, BM WBelgium appraisal and trademark register, results of detection, criminal and investigation record data inquiry, and application of laws and regulations on real purchase price investigation;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016) and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016), the selection

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing of Article 97-2(1) of the Trademark Act.