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(영문) 대전지방법원 2017.07.05 2017고단2073
상표법위반
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

C around July 2016, employing employees whose name cannot be known along with D and E, and preparing the aforementioned factories with water and supply raw materials to the Defendant. The Defendant, according to C’s order, set up a semi-finished shop in a provisional pest control plant in U.S. in U.S. in U.S. in U.S. and U.S. H. and supplied them to the above “G”, E, along with his employees, set up a bags by attaching a forged trademark after restricting the sealing of semi-finished goods supplied in the above “G,” and D, by sharing the role of inspecting the above sealed bags and delivering them to the customer and distributing them to the customer.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, on September 1, 2016, the Defendant, in collusion with C, D, and E, who is an accomplice, committed an infringement on the trademark right holder’s trademark right by manufacturing a total of 1,618 points (total of 1,294,40,000,000 won at the fixed price of goods) in the shape, such as the trademark holder’s registration mark (registration number No. 571868) in MM at the above G factory, a trademark holder’s Maccoer’s registered trademark (registration number No. 571868) and a provisional trademark with the same shape as M, as the trademark holder’s registration in the attached list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by C in the protocol of interrogation of the suspect to the defendant by the prosecution (three times, replacement of the defendant);

1. Each protocol concerning the examination of suspect of the police against E or D;

1. On-site photographs;

1. A protocol of seizure and a list of seizure;

1. The investigation report (as to the fixed value of goods and the trademark registration ledger), list of the fixed value of goods, the trademark registration ledger, and the investigation report (as to the manufacturing and distribution-related organization, such as the cocoding of counterfeit goods), the law shall apply 1.

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