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(영문) 인천지방법원 2015.06.12 2015고단803

상표법위반

Text

A defendant shall be punished by imprisonment for six 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

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 of another person for goods identical with or similar to the designated goods.

Nevertheless, on August 29, 2014, the Defendant imported counterfeit goods, etc. in China, from the first storage place of the Incheon Customs Office, which is located in Jung-gu Incheon, Incheon, Incheon, 201(hereinafter referred to as "Dong 7") to the Korean Intellectual Property Office, copies 12 attached with a trademark identical or similar to the trademark "KENO" registered at the Korean Intellectual Property Office, and infringed the trademark rights of each trademark holder by using a total of 2,082 trademarks without permission, as indicated in the attached list of crimes (a total of 2,082 trademarks are worth KRW 823,654,644).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written appraisal and the original trademark register;

1. Application of related statutes, such as shipping documents;

1. Article 93 of the Trademark Act as to facts constituting an offense (limited to each registered trademark);

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

1. Selection of imprisonment with prison labor chosen;

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

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

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

1. Where the infringed goods are not distributed in the mitigated area (one month to one year) (special mitigation) of the reduced area (one month to one year) of the reduced area (special mitigation) of the reduced area in the sentencing guidelines, the scope of the recommended sentence [the scope of the recommended sentence] in the sentencing guidelines;

2. Determination of sentence: (a) the Defendant recognized the instant crime; (b) there are no criminal records of the same kind; and (c) all imported counterfeit items are seized at the Incheon Customs Office in favor of the fact that they have not been distributed; (b) the amount of counterfeit items imported and the amount of damage are not small; and (c) the Defendant’s age, character and behavior, environment, and the amount of damage are not small.