상표법위반
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.
Punishment of the crime
1. The Defendant produced laundry manure, etc. with the trade name “D,” and even if the trademark similar to the registered trademark of another person is not used for goods identical with or similar to the designated goods, the Defendant infringed the victim’s trademark right by using the “E”, the trademark of which is similar to the “LGS”) registered with the Korean Intellectual Property Office as the designated goods from August 12, 2014 to December 15, 2014, on May 30, 2006, on the part of the victim’s designated goods, using the “E”, the trademark of which is similar to the “LGS” registered with the Korean Intellectual Property Office as the designated goods from August 12, 2014 to December 15, 2014.
2. On May 26, 2003, the Defendant infringed the victim’s trademark right by using “F”, which is a trademark similar to “F” registered with the Korea Intellectual Property Office as the designated goods, for the same synthetic solvents as the designated goods of the victim’s designated goods, at the same time and place as the above paragraph (1). 520 boxes (8kgs, 200 boxes, 15kgs, 200kgs, 40kgs, and 70kgs).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police suspect interrogation protocol of G, H, and I;
1. Each police statement to J and K;
1. The police seizure record and the list of seizure;
1. Each original trademark register;
1. Application of each statute on photographs;
1. Relevant Article 93 of the Trademark Act and the choice of punishment concerning facts constituting an offense, each of them shall be punished by imprisonment and imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes stipulated in the Trademark Act concerning a victim (oil) with heavy criminal situation)
1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):
1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;
1. The scope of recommendation (the scope of recommendation) and the act of infringing on registration according to the sentencing criteria;