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(영문) 인천지방법원 2012.12.06 2011고단7019
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

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

Nevertheless, around November 14, 201, the Defendant brought in the first designated storage place of the Incheon Customs Office located in Jung-gu Incheon, Jung-gu, Incheon, to the 1,179 U.S. 1,364,657,630 won at the market price of 1,179 fixed goods with a trademark identical to the trademark registered under Article 0330235 at the Korean Intellectual Property Office, and thereby, infringed the trademark rights of each trademark holder by importing it.

Summary of Evidence

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

1. 각 고발의뢰, 위조 샤넬핸드백 등 200점 고발보고, 각 선화증권, 각 실화주확인서, 각 감정서 및 상표등록원부, 감정결과통보, 위조 샤넬핸드백 등 979점 적발보고

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

1. Relevant Articles of the Trademark Act and the choice of punishment concerning facts constituting an offense: Each of them is provided for in Article 93 of the Trademark Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (Taking into account the fact that there is no previous conviction sentenced to imprisonment without prison labor or heavier punishment for the same kind, and the confessions made by investigation agencies);

1. Confiscation: Article 97-2 (1) of the Trademark Act, and Article 48 (1) 1 of the Criminal Act;

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