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A defendant shall be punished by imprisonment for four 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
The defendant is a person who operates a mutual clothes sales store in Daegu Jung-gu B, 3rd floor B, 7rd 160-1.
No person shall, without any justifiable right, use a trademark identical with another person's registered trademark on goods similar to the designated goods.
Nevertheless, around June 20, 2018, at around 17:27, the Defendant displayed and stored counterfeit goods with a total of KRW 1,181 (a total of KRW 587,146,90,90) as indicated in the list of crimes in attached hereto, such as the 28 marks on which a trademark similar to BURBE (No. 0497230) is attached, registered with the Korean Intellectual Property Office at “C”, which was registered with the Korean Intellectual Property Office, at around 17:27, the Defendant infringed the trademark rights of each trademark holder.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation Report (hereinafter “C”)
1. A report on investigation (as to the photograph of seized articles);
1. Investigation report (whether a trademark is registered or not);
1. Investigation reports (as to the authenticity of seized articles);
1. Application of seizure records and statutes concerning the list of seizure;
1. Article 230 of the Trademark Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 236(1) of the Trademark Act provides for the same sentence as the disposition, comprehensively taking into account the following conditions: (a) the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime; and (b) the sentencing conditions indicated in the records.
- The recognition of crimes and reflect on the fact that there has been three times of punishment for a violation of the Trademark Act