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(영문) 대구지방법원 서부지원 2016.07.15 2015고단2286

상표법위반

Text

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

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

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

Nevertheless, the Defendant removed D'D's house and label from C', ‘after C' produced in China with the trade name ‘D', and removed from C', and added a trademark "BLAK and registration number No. 0932759)" or a trademark owner registration trademark "BLAK, No. 093259) of the owner of the trademark right, "BLAK," which is a trademark of the owner of the trademark right, "BLPRT, 057295," which is a trademark of the owner of the trademark right, "FL sports (KON SPRT, No. 0857295) manufactured from C, from 00 to 150,000 in a way of forging 40,000 won and 50,000 won and 50,000 won and 50,000 won and 15,000 won and 15,05,000 won and 4,05,05,00.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on internal investigation (the current status of delivery of a person under internal investigation via the flag boat of a police station);

1. Court rulings [Application of Acts and subordinate statutes (Law No. 5789, 6424 (Joint))] shall apply to Busan District Court Decision 2015 High Court Decision 57

1. Article 93 of the Trademark Act concerning facts constituting an offense;

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 (the former shall be subject to the punishment of imprisonment and fine).