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(영문) 서울동부지방법원 2017.02.09 2016고단4491

상표법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who operates a wing house located in Seoul Jung-gu D and the 1st underground floor.

A. On December 14, 2016, the Defendant: (a) installed at the above wing factory; (b) installed seven singing machines at the same place; and (c) maintained the trademark rights of the trademark right holder by keeping in custody for delivery to the above F the goods with a forged trademark of the same shape as the trademark of the trademark of DESCNE (Registration No. 0840123), the trademark right holder “DESE” (Registration No. 0840123); and (d) ordered the Defendant to manufacture the goods with the trademark of the same shape as the above DESE; and (e) manufactured the total 361 punishment (total 46,569,000 won of the market value of the fixed goods presumption) of clothing attached with the trademark of the same shape as the above DCEE; and (e) infringed the trademark rights of the trademark right holder by keeping them in custody to deliver the said F.

B. On May 9, 2015, the Defendant: (a) manufactured the 490 punishment (total market value of 63,210,000 won) of clothes with a forged trademark attached in the same shape as “DESE” after receiving an order from the above F to request the manufacturing of the clothing attached with the forged trademark, as described in the above A; (b) around that time, the Defendant supplied the above F to the said F and infringed upon the trademark rights of the trademark right holder; and (c) around that time, from around December 2, 2016 to December 2, 2016, Article 4,720 punishment (total of 608,880,000 won at the assumed price of refined goods) of the clothing attached with the forged trademark on a total of 12 occasions as indicated in the list of crimes, and supplied it to F and thereby infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Investigation report (report on the results of control of "G" located in the central Gu), confirmation of control, and examination site photographs;

1. Investigation report (report attached to the original register of trademark registration);

1. Price of the authentic commodity in a case infringing on the right to vote;

1. Application of investigation reports (verification of details of deposits for the production of household goods) Acts and subordinate statutes;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The portion not guilty under Article 236 (1) of the Trademark Act;

1. The accused of the facts charged (violation of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds)