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(영문) 대구지방법원 안동지원 2019.03.19 2018고단748

상표법위반

Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 23, 2018, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users in the Daegu District Court, and the Prosecutor appealed and is still pending in the appellate trial.

【Criminal Facts】

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, around April 24, 2018, the Defendant sold miscellaneous goods with “C” from the permanent residence B and the first floor, and around April 24, 2018, at the above sales store, the Defendant infringed upon the trademark rights of 13 holders of trademark rights, including D yellow C lick lick lick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick knick

Summary of Evidence

1. Defendant's legal statement;

1. A report on seizure records and respective internal investigation reports;

1. One copy of the original trademark register and the investigation report; and

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

1. Relevant Articles of the Trademark Act concerning facts constituting an offense. Article 230 (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 236(1) of the Trademark Act include the details leading to the instant crime, the size of the trademark right infringed, the degree of damage to the trademark right holder caused by the infringement, the defendant's mistake, the time and degree of punishment in the previous crime, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other circumstances after the crime.