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(영문) 부산지방법원 2014.07.17 2014고단3036
상표법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who sells miscellaneous goods in the name of ‘‘(C’’ in Busan Jung-gu.

On March 11, 2014, at least 17:40, the Defendant supplied the same goods to the Korean Intellectual Property Office, with the registration number of 60,00,000, 60, 300, 400, 4030, 400, 400, 60, 4030, 40, 60, 40, 60, 40, 60, 40, 60, 60, 60, 60, 60, 60, 70, 60, 60, 60, 60, 70, 60, 60, 60, 60, 60, 60, 60, 60, 60, 60, 60, 60, 40, 60, 60, 40, 60, 60, 40, 40, 400, .

Accordingly, the defendant infringed the trademark rights of the above trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the sequence 4, 6, 8, 9 in the list of evidence);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 93 of the Trademark Act related to facts constituting an offense (including each of the violations of the Trademark Act and each of the registered trademarks);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (not on the scale of the instant crime, but on the basis of the fact that the confession was made while committing the instant crime);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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