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(영문) 대구지방법원 2014.10.07 2014고단3768

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

The Defendant: (a) around March 1, 2014, at the Daegu Suwon-gu, the Defendant supplied 305 points with the same or similar trademark attached to the “Saeat” (trademark registration number No. 0840123) and kept 2 points for sales purposes, and sold 78,000 won to E via online, such as the “D” camera opened in the Internet Naber; and (b) from March 1, 2014 through May 7, 2014 to May 7, 2014, the Defendant sold 305 points with the goods attached with a trademark identical or similar trademark registered by another person over 242 times as indicated in the attached list of crimes (72,301,500 won at the market price of 72,501,500 won).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Views by letters, product photographs, and Internet closures;

1. Details of the Defendant’s account;

1. Application of the statutes of the original trademark register;

1. Article 93 of the Trademark Act regarding facts constituting an offense and each of the choice of punishment (with respect to each of the registered trademarks, choice of imprisonment);

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

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

1. For the reason of sentencing under Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, a person who sells any forged trademark to many and unspecified persons through the Internet car page, shall not be considered to be a person who commits such offense.

However, the defendant has no previous conviction or suspended sentence for the same offense or for the same reason, and his depth is reflected in depth, the quantity and frequency of forged goods handled by the defendant, the period and circumstances of the crime, and other various sentencing factors and sentencing guidelines (intellectual property rights crime group, infringement of registration rights, basic area, imprisonment between October and 2 years) specified in the course of the recording and trial of this case shall be determined as ordered by a comprehensive consideration.