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(영문) 제주지방법원 2015.05.01 2015고단213
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

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 deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use it for goods identical or similar to the designated goods.

On December 3, 2014, at the miscellaneous point of "D" operated by the Defendant in Jeju-si, the Defendant infringed the trademark right of the said trademark right holder by carrying with him a total of 9 marks, such as 4 points affixed with a forged trademark similar to the trademark registered under No. 0423819 and 020463 on the horse belt, and 4 points attached with a forged trademark similar to the trademark registered under No. 04239 and No. 02043, and 066629 at the Gochio-si at the Gochio-si, a forged trademark similar to the trademark registered under No. 013284 and No. 006629.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. A written appraisal report;

1. The original trademark register;

1. Application of the Acts and subordinate statutes of No. 1 to 3, seized evidence

1. Relevant Articles and 97-2 (1) of the Trademark Act and the choice of punishment concerning facts constituting an offense: Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Confiscation: The sentencing of Article 97-2(1) of the Trademark Act shall be determined as per Disposition in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and contradictory to all the facts of the crime, all the articles that were held in infringement of trademark rights were seized, and the category of the business after this case was changed, and the size of the business was not very significant: despite the fact that there was a number of enemys who were sentenced to a fine for the same kind of crime, the crime of this case was committed in addition: The motive and process of the crime, circumstances after the crime was committed, the defendant's occupation, and family relations are determined as per Disposition.

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