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(영문) 서울서부지방법원 2014.08.12 2014고단1596
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On December 12, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Trademark Act at the Seoul Western District Court on October 10, 2013, and the said judgment became final and conclusive on December 20, 2013.

【Criminal Facts】

The defendant is a person who has operated C, a website that sells clothes at the residence of the defendant in Yongsan-gu Seoul Metropolitan Government.

No one shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

Nevertheless, around June 25, 2013, the Defendant sold a total of 1,950 points (a total of 235,809,000 won per 1,930 won per 1,930 won per 1,930 won per 1,950 won per 2,950 won per 1,950 won per 1,950 won per 50 won per 500 won per 580 won per 50 won per 500 won per 500 won per 5,00 won per 1,950 won per 1,9,2, 2, 2, 1, 4, 4, and 1, 4446, 1, 1, 1, 4, and 1, 1, 4, and 5,000 won per 1,00 won per 50 won per 1,00 won per 20.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Photographs of the C Internet sales site;

1. C Sale;

1. Records of seizure and the list of seizure;

1. Analysis of details of C sales;

1. An isolation list of things;

1. The original trademark register;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (Seoul Western District Court Decision 2013 High Court Decision 2013 High Court Decision 2635 High Court Decision and Report on Results of Disposition and Confirmation);

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (with respect to each of the registered trademarks, choice of imprisonment);

1. Handling concurrent crimes;

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