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(영문) 의정부지방법원 고양지원 2017.05.25 2017고단916

상표법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who sells household clothes and golf products that forged a trademark of a foreign-style golf business entity, such as “other straw straw,” “ Paris straw,” etc.

From February 18, 2016 to December 12, 2016, the Defendant infringed on the trademark rights of the said company, such as keeping and selling household goods, clothing, and golf products worth KRW 794,228,800, total price of the fixed goods, as shown in attached Table (1) and (2), while keeping household goods, clothing, and golf products purchased or exchanged with wholesale from sales business operators in the office B and 103 in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, and kept them in exchange for each other.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. 상표 등록 원부( 핑), 상표 등록 원부( 팬 텀), 상표 등록 원부( 닥스), 상표 등록 원부( 해 지스), 상표 등록 원부 (루 이 까 또 즈), 상표 등록 원부 (MCM), 상표 등록 원부( 샤넬), 상표 등록 원부( 타이틀 리스트), 상표 등록 원부( 파리 게이츠)

1. An appraisal report, an appraisal report, an appraisal report (a panty tamp), and an appraisal report ( Paris tampts);

1. A price list, a unit price list, and a detailed statement of sales;

1. Application of statutes on site photographs;

1. Articles 230 and 230 of the Trademark Act (limited to each registered trademark) and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order infringed on the trademark rights of nine companies, the period of crime is not shorter, and the amount of damage is also reasonable.

However, there is no criminal record against the defendant, and there is no same kind of criminal record.

It seems that criminal interests are not significant.

In addition, all of the sentencing conditions identified in the records of this case and the trial process, such as the defendant's age, sex, environment, family relationship, motive of the crime, circumstances after the crime, etc., shall be taken into consideration.