logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2021.03.11 2020고단4065
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

No one shall deliver, sell, forge, imitate, imitate, or possess, a trademark identical or similar to another person's registered trademark without legitimate use for the purpose of using or causing another person to use such trademark on goods identical or similar to the designated goods.

Nevertheless, from June 6, 2018 to March 4, 2020, the Defendant sold products bearing a trademark identical or similar to the trademark (registration number: F) registered with the Korean Intellectual Property Office by using “C” and “D” at the Defendant’s residence located in Seongdong-gu Seoul Metropolitan Government from June 6, 2018 to March 4, 202, thereby infringing on the trademark right by selling 85 marks attached with a trademark identical or similar to the trademark of the trademark holder of the trademark right amounting to KRW 71,230,450, as shown in the attached list of crimes.

Summary of Evidence

1. The application of statutes to the following categories: (a) the Defendant’s statutory statement of the Defendant’s legal statement a copy of the national newspaper, appraisal letter, C course closure, a copy of theD course, inquiry by the door-to-door dispatch box, inquiry by mail order business operator, inquiry by mail order business operator, search and seizure warrant reply by the trademark registration ledger (H, I, J, G), and the details of the sale of K sales; (b) the investigation report on the details of the sales of each of the forged e-mail by the civil petitioners; (c) the sales details of each of the forged e-mail by the civil petitioners; (d) the details of the sales of each of the forged e-mail, K sales details; (d) the copy of the Ka

1. Relevant Article 230 of the Trademark Act and the choice of punishment for facts constituting an offense (excluding each trademark right holder) and the choice of imprisonment, respectively;

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 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant forged and sold a large amount of fixed goods, the fact that the period of selling counterfeit goods is a long-term period, etc., or reflects the fact that the defendant's profit acquired by the crime of this case is not the large amount of the interest.

arrow