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(영문) 대구지방법원 2017.08.08 2017고단2810

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

On October 14, 2015, the Defendant opened an account referred to as C, NAV B building 101, Daegu-gu building 101, the Defendant sold goods equivalent to KRW 871,507,098 in total over 551 times from the same day to October 19, 2016, and sold goods equivalent to KRW 871,50,098,000 in total, and the trademark right of KRW 50,50,00 in the attached Table 250,50,000 in the attached list for the purpose of selling the registered trademark to the Korean Intellectual Property Office (registration number: 059471) on October 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Each one copy of a photograph of counterfeit trademark (No. 5-22) seized by the victim A;

1. Each written response to appraisal (a list of evidence 86 through 99);

1. Application of investigation reports (comprehensive investigation reports), and the ledger of registration of a trademark infringing on a suspect (limited to 31 copies in total);

1. Relevant Article 230 of the Trademark Act (integrated by registered trademark) and the choice of punishment for the crime: Imprisonment with prison labor;

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. Second crimes (property rights) committed on the grounds of sentencing Article 236(1) of the Trademark Act for the following reasons: (a) the basic area of the first crime (property rights in knowledge) [the scope of punishment recommended] (Article 236(1) of the Trademark Act / (Article 236(1) / The basic area of the second crime (property rights in knowledge) (Article 10 to 2 years) / [the scope of recommended punishment] the basic area of the infringement of registration rights (Article 10 to 2 years).