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(영문) 대구지방법원 2017.07.19 2017고정1237

상표법위반

Text

The sentence of sentence against the defendant shall be suspended.

Seized 9 Dus Dus Dus Dus No. 1) shall be confiscated.

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 April 24, 2017, at around 15:45, the Defendant: (a) possessed a fake trademark attached with a trademark "LUIS VUTON" (registration No. 030235, 042694) (registration No. 03025, 0494) on December 26, 1995; (b) on October 27, 1998, the Defendant infringed on the trademark rights of the said trademark right holder, by holding in possession of a fake trademark attached with a trademark equivalent to KRW 315,00,00, total market value of nine Handbags, totaled of nine market value of which is 315,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Register of trademark registration, seized objects and photographic photographs;

1. Application of police seizure records, list of seizure, and submitted statutes;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (All circumstances, such as the fact that the defendant has no previous conviction, that the quantity of a fake handbag that the defendant purchased and possessed is relatively small, that all was seized and disposed of, and that the defendant's age, sex, etc. was committed);

1. Article 236(1) of the Trademark Act that is confiscated;