상표법위반
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1 to 2 shall be confiscated.
Punishment of the crime
On July 10, 2014, the Defendant filed an appeal with the Gwangju District Court for a suspended sentence of 1 year for a violation of the Trademark Act, which was sentenced to a suspended sentence of 4 months, and is currently pending in the same appellate court. On July 29, 2014, the Defendant was detained by the Daejeon District Court for a violation of the Trademark Act and is currently pending in the trial.
No person shall use a trademark identical or similar to the registered trademark of another person for goods identical or similar to the designated goods, or possess for the purpose of transferring or delivering goods identical or similar to the designated goods bearing the registered trademark of another person or any similar trademark.
Nevertheless, on July 3, 2014, the Defendant displayed and kept for sale a total of 31 and 84 points (value of 17,31,000 won) as shown in the attached list of crimes, such as a single mark attached to the Montreal A, registered with the Korean Intellectual Property Office (No. 796760, trademark registration number of the trademark right holder, the trademark right holder of the trademark right, and a total of 31 and 84 points (value of 17,31,000 won) as shown in the attached list of crimes, at the “M store operated by the Defendant in Gwangju Mine-gu, Gwangju.”
Summary of Evidence
1. Defendant's legal statement;
1. Each report on investigation;
1. Seizure records;
1. Current status of personal confinement/Incarceration;
1. Application of statutes concerning criminal records;
1. Relevant Articles of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (the point of infringement of trademark rights, inclusive, by trademark right);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 97-2 (1) of the Trademark Act that is confiscated;