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(영문) 대구지방법원 2015.06.05 2014노3520

상표법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to the facts charged of this case by misunderstanding the facts, which affected the conclusion of the judgment, even though the defendant, among the items entered in the crime sight list as stated in the judgment of the court below, sold but the butane bank and wallets with the knowledge that they would be sold through a normal deliberation by the State.

B. The punishment of additional collection of eight months of imprisonment, one year of suspended execution, confiscation (No. 7 through 18, 20 through 25) and 25,221,00 won, which was sentenced by the court below of unfair sentencing, is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant purchased a famous trademark equivalent to an average of 1.5 million won per month from the J-designated enterprise and sold the goods at his own store by purchasing the so-called Materna, a watch, etc. which forged a well-known trademark, including but not limited to 1.5 million won per month from the prosecutor's office, and he purchased goods by paying cash only to the general manager, and the J stated that he only sold the goods to the stores without displaying the manager and the manager in the store and kept them in the warehouse, and that he made a statement to the same effect as above with regard to the sale method of J. In light of the above transaction method, it is reasonable to view that the defendant purchased and sold the goods with well-known knowledge that the cyber bank and the wall are illegally infringed on the trademark, and therefore all of the charges of this case are justified, and there is no error of law by misunderstanding the facts affecting the conclusion of the judgment, thereby affecting the judgment.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is against the instant crime, such as denying a part of the crime, etc., and the period of sale of goods infringing on trademark rights.