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(영문) 서울중앙지방법원 2015.04.02 2015고단581
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraphs 1 through 13 shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On July 10, 2001, the Defendant was sentenced to imprisonment with labor for a violation of the Trademark Act at the Seoul Central District Court on the same day on three occasions.

【Criminal Facts】

The defendant is a person who operates a provisional pest control plant in the residential area in Dongjak-gu Seoul Metropolitan Government C.

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

Nevertheless, on May 2014, the Defendant: (a) requested on May 22, 2014 from a supplier (one name “Bada”); (b) supplied fakes and subsidiary materials to the Defendant; and (c) made it possible to reduce the price of KRW 1-30,000 for each household; and (d) without legitimate authority from May 22, 2014 to May 22, 2014, the Defendant held 242 points as indicated in the attached list of crimes, such as manufacturing a finished product and semi-finished product with the same trademark as the trademark registered with the Korean Intellectual Property Office, and manufacturing a total of KRW 1,006, such as raw materials and subsidiary materials.

Accordingly, the Defendant infringed the trademark right of the above trademark right holder as above.

Summary of Evidence

1. Defendant's legal statement;

1. Control photographs on each site;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. The original trademark register and a certificate of custody;

1. Criminal records and application of respective statutes of the judgment;

1. Article 93 of the relevant Articles of the Trademark Act concerning criminal facts;

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

1. The trademark right of reasons for sentencing under Article 97-2(1) of the Trademark Act.

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