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(영문) 서울중앙지방법원 2016.09.20 2016고단4079
상표법위반
Text

A defendant shall be punished by imprisonment for six 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

1. On June 21, 2015, the Defendant sold a forged trademark product to G, etc., as indicated in [Attachment 1 to 859] No. 1 to 859, the following: (a) the Defendant, in the “E” located in Seoul Gangnam-gu Seoul building 502, the registered trademark of the trademark holder “PEAL LAY GES (registration number: No. 0795622)”, which is the trademark holder of the trademark right, “PEALY GES (registration number: No. 0795622)”; (b) the Defendant sold the mother-child with a forged trademark of the same or a similar pattern as the trademark owner’s trademark holder’s “PEAS”, as indicated in [Attachment 1 to 859], from that time until April 4, 2016.

2. On April 4, 2016, the Defendant kept a total of KRW 1,611 of counterfeit trademark products and KRW 342,650,000 in total market value, as indicated in the [Attachment] Nos. 860 through 865], which are the registered trademark of “PEALY GETS (registration number: No. 0795622),” which is identical or similar to the registered trademark of “PEAL LAS LAS (registration number: No. 079562)” under the above D Building 502, supra, for the purpose of selling counterfeit trademark products.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure (including the list);

1. Two copies of the original register of trademark registration, and eight seven copies of the original register of trademark registration;

1. Chapter IV of the Internet search data, report on the result of execution of a warrant of search and seizure (suspect A), on-site photographs of execution of a warrant of search and seizure, one set of copies of seized articles, one copy of door-to-door distribution, one copy of consignment sale (filing files), one copy of the video of each product, one copy of the detailed image of each type, one copy of the sales of forged products, one copy of the expert opinion, and one copy of the sales of forged products in 2015 and 2016, respectively, and the application of statutes of the list of products prices;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) applicable to facts constituting an offense under Article 93 of the relevant Act (including each registered trademark);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 of the Criminal Act:

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