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(영문) 수원지방법원 2013.07.25 2013고단923

상표법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 or 4 shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. From July 2012 to March 12, 2013, the Defendant kept the bags on the second floor of the F apartment underground of Dobong-gu Seoul Metropolitan Government, and sold them to the persons whose name is not known about 800 points of the bags with the trademark “LOUS VUITN (registration number: No. 0118012) identical or similar type of forged trademark attached to the trademark right holder, which is the registered trademark “LOUS VUITN (registration number: No. 018012), and infringed the trademark right of the said trademark right holder. On March 13, 2013, the Defendant: (a) around 00:30 on March 13, 2013, the Defendant kept the registered trademark of “LOUVUITONN” (No. 018012); and (b) kept the name of the trademark holder for the purpose of selling them in the same or similar shape as the trademark right holder’s “LOITSNN” (No. 201970

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of control photographs) and respective accompanying materials;

1. Relevant Article of facts constituting an offense and Article 93 of the Trademark Act (Overallly, Imprisonment with prison labor);

1. It is difficult to recognize that the Defendant, on December 16, 201, committed the instant crime during the period of probation under the above judgment even though he/she was sentenced to imprisonment for one year due to a violation of the Trademark Act by this court on December 16, 201, with the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, and reported falsely to the probation officer during the period of probation on the grounds that he/she was conducting Internet shopping in the area of goods imported for young children during the period of probation.

Provided, That the punishment shall be determined as per the order in consideration of the fact that the defendant is against.