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(영문) 인천지방법원 2018.12.13 2018고단3826

상표법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

[Criminal record] On August 9, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Trademark Act by the Incheon District Court on August 9, 2012, and the said judgment became final and conclusive on August 17, 2012.

[2] No person shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it for goods identical or similar to the designated goods.

Nevertheless, the Defendant: (a) around February 6, 2012, at the Defendant’s residence of Da102, Seocheon-gu, Seocheon-gu, Seoul; (b) around 2012, the Defendant voluntarily indicated the U.S. trademark “BARA” registered with the Korean Intellectual Property Office for the purpose of having another person use fake, etc. imported in China; and (c) at around 182,40 U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. L. L. L.S.’s trademark registration with the Korean Intellectual Property Office (CIGIIIIIS); and (d) at around 300 U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. 10 to 1000 U. S.S.S. 24, 20600.S.

5. From the end of 23.2, the trademark rights of the above trademark holders were each infringed upon by allowing 15 times in total in the same way the total market value of fake 2,541,000, 993,7000,0000,0000,0000,0000 won for fake L 146,50,660,665,600,000,000 won in the same manner as in attached Table 1.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. A copy of the second examination protocol for suspect of the prosecution against F;

1. Copy of the first protocol concerning the examination of the police suspect against F;

1. Statement made by the police with regard to F;

1. Investigation report (the result of restoring the F mobile phone electronic information);

1. Before judgment: Foreigners;

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