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(영문) 의정부지방법원 2017.11.27 2017고단4464

상표법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2017, at around 20:35, the Defendant kept 343 points (2777,8740,000 won per unit of the fixed market price) in total with a trademark similar to the trademark registered with the Korean Intellectual Property Office (No. 052728) at Ddel E. E. E. E. L. L. company (company) of the Republic of Korea, a trademark registered with the Korean Intellectual Property Office (No. 052728) at around August 3, 2017, and infringed on the trademark rights of each trademark holder by keeping 10 new 13 points (a unit of the fixed market price) with a trademark similar to the trademark registered with the trademark registered with 13 companies (company) overseas, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. As to replies to requests for appraisal, appraisal and price of authentic products, the register of each trademark registration, the investigation report (calculated of the market price of seized goods and the preparation of a list of crimes) and the application of video-related Acts and subordinate statutes, such as photographic materials, photographic materials, photographic materials of each trademark infringement, photographic materials of each trademark infringement, source of distribution and sale of counterfeit products, source of closure of a Kakao scaro scaro scaro scaro, records of seizure and list

1. Relevant legal provisions and Article 230 of the Trademark Act regarding criminal facts as well as the choice of punishment (Selection of Imprisonment);

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 236 (1) of the Trademark Act [the scope of applicable sentences under the law] 10 years and 6 months [the scope of recommended sentences] among each category of knowledge property rights crimes: From October to 2: Imprisonment with prison labor 10 months to 3 years and 8 months [the application of multiple crime processing standards] x 8 months [the decision of sentencing x 2 years x 1/2] ] / 8 months (the decision of sentencing x 2 years x 1/3] / 1/3] / the same crime as this case in October 10 violates the right of the trademark right holder, and the rights and interests of the consumers who purchase the goods determined at a reasonable price from the trademark right holder.

On December 1, 2016, the Defendant is punished by a fine of KRW 3 million for violating the Trademark Act.