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(영문) 부산지방법원 2014.08.07 2014고단2802

상표법위반등

Text

A person shall be punished by imprisonment with prison labor for eight months with prison labor for the crime No. 2 of the judgment of the defendant, and eight months with prison labor for each crime.

(b).

Reasons

Punishment of the crime

On June 11, 2010, the defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for violating the Trademark Act at the Changwon District Court. The above judgment became final and conclusive on the 19th of the same month.

[2014 Highest 2802]

1. The Defendant violated the Trademark Act: (a) the Defendant: (b) the U.S. “BE” company (NIK, No. 014174) that was registered by the Korean Intellectual Property Office as the designated goods with a view to lighting or other similar devices; (c) the “NIK” and the “NIK” are attached with a trademark identical or similar to the “NIE; and (d) the term “S 10,429 (1.6,830,000,000 won in total)” around October 201, 201; and (b) the Plaintiff acquired the profits of the trademark right holder as the total amount of KRW 501,500,000 in Busan-dong CBS broadcasting station, Busan-dong, Busan (1.66,830,00 won in total) and sold fake sports at an open market, etc.; and (b) the Plaintiff acquired the profits of the trademark right holder as the trademark right holder’s total of KRW 501,50150.

[2014 Highest 5771]

2. On June 18, 200, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) injectedd approximately 0.03 grams of Metepia (hereinafter “copon”) from 10 B-103 to 103 grams, the Defendant’s house located in Busan Dong-gu, Busan, for the purpose of using a disposable injection device, and administered them for administration.

Summary of Evidence

[2014 Highest 2802]

1. Defendant's legal statement;

1. Statement of the police statement of H, I, and D;

1. Each investigation report (Evidence Nos. 15, 27, 28 of the evidence list) (2014 order 5771);

1. Defendant's legal statement;

1. Written appraisal (Evidence Nos. 6);

1. Each investigation report (the sequence 10, 14 of the evidence list) (the previous record in the market);

1. Application of statutes concerning criminal records;

1. Article 93 of the relevant Act on Criminal facts and Article 93 of the Trademark Act, Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Narcotics Control Act, the choice of imprisonment, respectively;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.