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(영문) 서울동부지방법원 2014.07.10 2014고단1438

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

No one shall use or possess for the purpose of having another person use a trademark identical with or similar to the registered trademark of another person on goods identical with or similar to the designated goods, or possess goods identical with or similar to the designated goods bearing the registered trademark of another person for transfer or delivery.

From around November 2011, the Defendant, from around May 201, as a person who had operated a factory making the trademark “C” in Eunpyeong-gu Seoul from around May 201 to around May 201, the Defendant manufactured and kept 111 points (2,75,00 won at the selling price) of the wall on which the trademark of the same shape as the trademark of the trademark holder “PDRA” (No. 350206) is attached, for the purpose of sale at the above location, as shown in the list of crimes in the attached Table, 27 parts of the trademark on which the trademark of the trademark of the same shape is attached, including 11 points (2,775,00 won at the selling price) and 16,074 points (total selling price of KRW 19,669,00) of goods for which the trademark of the trademark holder is affixed.

Accordingly, the defendant committed a violation of trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Records and lists of police seizure;

1. An investigation report (report attached to the trademark register), and detailed inquiry table for the registration of trademark rights;

1. An investigation report (report on confirmation of the current market price);

1. Application of Acts and subordinate statutes to photographs at control site, metrology and photographic production, which are requested to produce, and sampling;

1. Articles 93 and 97-2 (1) of the relevant Articles of the Trademark Act concerning criminal facts;

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

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of sentence recommended by the sentencing guidelines [decision of type] Intellectual property rights crimes. Registration infringement [decision of the recommended field] basic area [Scope of sentence for recommendation] 10-2 years [Scope of sentence for recommendation according to the guidelines for handling multiple crimes] 10-3 months from October to March 3 months;

2. Sentence;