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(영문) 인천지방법원 2016.05.13 2016고정1165

상표법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On November 201, the Defendant violated the trademark right of the victim by printing the trademark similar to the color trademark registered with the trademark E in Seoul Jung-gu, Seoul, on February 18, 2008, and manufacturing and distributing the right to use charnel houses in the name of the F church.

2. In the production of a facility usage right to use a charnel called H in the reinforcement group G at the above date, time, and place, the Defendant produced 5,000 copies of the facility usage right by preparing terms, such as “certificate number”, “marship Cate rate”, “facility usage membership”, and “a certificate that can use H,” in the name of the F church represented by I and having H affix his seal on its bottom.

Accordingly, for the purpose of uttering, the Defendant forged 5,000 copies of the right to use the facility under the name of the F church, which is a private document on the rights and obligations.

3. On March 17, 2015, the Defendant: (a) transferred 20 copies of the right to use the relevant facilities to L, who is aware of the forgery through the Defendant’s type K in the office for sale of a charnel house in Nam-gu Incheon, Nam-gu, Incheon; (b) issued the forged right to use the facilities as if they were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police to K;

1. Statement made by the police against D;

1. Investigation report (the monetary content of the printing business operator);

1. The current status of issuance of H's furnal certificates, certificates to issue a furnal certificate, and certificates of agreement;

1. The complainant's assertion that he/she is the original copy of the membership certificate for facility use (the complainant's assertion that the document is forged); and

1. The applicant for verification of the application;

1. Application of Acts and subordinate statutes to photographs of facility membership rights (the counter investigation of the office of M attorney-at-law) and materials from reference witnesses;

1. Article 93 of the pertinent Act as to facts constituting an offense, Article 93 of the selective Trademark Act (the point of infringement of trademark rights), Article 231 of the Criminal Act (the point of infringement of trademark rights), and Article 234 of the same Act.