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(영문) 인천지방법원 2017.03.03 2017고정289
상표법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who opens B B B B B B B bags on the Internet, and is engaged in the heavy tea trading business.

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

Nevertheless, the Defendant, from August 22, 2013, opened and operated B B B B B B B B B B in the Internet evasion server, and infringed another’s trademark right by using the trademark registered with the Korean Intellectual Property Office without permission, such as a middle and high-speed trade brokerage.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. The original register of trademark service marks "encar";

1. Application of sk UN Ka Internet photograph, B Internet photograph-related Acts and subordinate statutes;

1. Article 93 of the relevant Act and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016); the selection of fines for criminal facts;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant is the first offender, and his mistake is divided and reflected at present.

In addition, after the instant case, the Defendant changed the name of Bable, closed the relevant business, and the possibility of additional crimes is less than that of the Defendant, and there is a substantial damage to the victim due to the instant crime.

In addition, it is difficult to see the defendant's age, environment, sexual conduct, etc. comprehensively considering all the sentencing conditions)

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