상표법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.
Nevertheless, from April 26, 2014 to May 26, 2014, the Defendant sold a total of 220 points of counterfeit goods (fixed goods amounting to 36,180,000 won), as shown in the attached crime list (1), as shown in attached Form 2,531 (fixed goods amounting to 36,180,000 won), such as a fake c market 2,531 (fixed goods amounting to 375,700,700 won), where “Adidar Scel” had the same trademark as a trademark registered with the Korean Intellectual Property Office, as a trademark registered with the Korean Intellectual Property Office, from May 26, 2014 to May 26, 2014.
Accordingly, the defendant infringed the trademark rights of the above trademark right holder.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the statutes of the register of seizure, list of seizure, and trademark;
1. Article 93 of the Trademark Act and the choice of punishment concerning facts constituting an offense
1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [in cases where an act of infringement of trademark rights under Article 93 of the Trademark Act was continued with respect to several registered trademarks, one crime is established by combining each one of the registered trademarks and each of the crimes by registered trademark is in a substantive concurrent relationship. A criminal fact that storage or possession of a number of registered trademarks is in a concurrent relationship (see Supreme Court Decision 2011Do12482, Jul. 25, 2013)]
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Reasons for sentencing of Article 97-2(1) of the Trademark Act [the scope of recommending punishment].