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(영문) 서울북부지방법원 2018.09.13 2018고단2737
상표법위반
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Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is responsible for the Foundation, and Defendant B is in charge of funds and tea, and is recruited to operate a factory for the manufacture of counterfeit clothes.

According to the above public offering from February 2, 2018 to February 8, 2018, the Defendants: (a) registered a trademark holder’s age-based trademark (trademark registration number: 229091); (b) 217 points on a fake adult sports clothes (for presumption of the market price: 17,360,000 won); (c) 287 points on the lower part of a finished product for children’s sports uniforms (for presumption of the fixed goods market price: 17,680,000 won); (d) 287 points (for presumption of the fixed goods market price: 14,350,000 won); and (e) 3000 points on the finished product of children’s sports uniforms (for presumption of the fixed goods market price: 14,350,000 won); and (e) 3050 points on the market price of the finished product for children’s convenience.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Article 230 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The value of counterfeit goods manufactured by the defendants on the grounds of sentencing under Article 236(1) of the Trademark Act is equivalent to the value of the counterfeit goods manufactured by the defendants, and the defendants had been punished for the same kind of crime to the defendant B. However, the defendants have been recognized as all of the crimes and are in profoundly against the defendant, the defendants have been living relatively in good faith, the circumstances leading up to the crimes, the obstacles to the defendant B, and the sentencing conditions, such as the defendants' age, sex, family relationship, property status, and the circumstances after

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