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(영문) 수원지방법원 2012.10.26 2012고단3906

상표법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From July 2, 2012 to July 28, 2012, the Defendant sold 69 points (2.580,000 won at the selling price) identical or similar to the registered trademark "LOUS VUITON (registration number: 0125539)" and "PRADA (registration number: 040466)", which is the registered trademark of "LOUS VUIOO" (registration number: 012539) and "holder of a trademark right," the registered trademark of "PRADA (registration number: 040,0466)", to customers under his/her name, and infringed the trademark rights of the said owner of a trademark right.

2. On July 28, 2012, the Defendant infringed on the trademark rights of the said trademark right holder by keeping a total of 92 points (the total market price of 5,8740,000 won) (50,000,000 won) for the purpose of selling to many unspecified customers, including 54 points on a fake trademark attached in the same or similar shape as “LOUIS VITON (registration number: 012539)”, which is a registered trademark of “LOIIION (registration number: 00,000,000 won)”, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to report investigation (verification of the original trademark register and report of the fixed market price);

1. Article 93 of the relevant Articles of the Trademark Act concerning criminal facts;

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 on the suspended execution (including the fact that the defendant has no criminal records of the same kind as or higher than the fine, the fact that the defendant is going against, and the quantity, amount, etc. of forged goods sold or stored for sale

1. It is so decided as per Disposition on the grounds of Article 97-2(1) of the Trademark Act and Article 48(1) of the Criminal Act or above.