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(영문) 대구지방법원 김천지원 2019.05.15 2018고단1398
상표법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 through 19 shall be confiscated.

60 million won from the defendant.

Reasons

Punishment of the crime

The Defendant is a person who registered his/her business under B’s trade name, and sells golf clothes, etc. via C.

1. From January 2, 2018 to April 5, 2018, the Defendant sold to buyers 116 products identical or similar to “sports-only clothes”, which are registered designated goods, the trademark right was infringed by selling 2,310 products identical or similar to the registered goods bearing a trademark identical or similar to the registered trademark of the owner of the trademark right, from January 2, 2018 to April 5, 2018.

2. On April 17, 2018, the Defendant infringed on the trademark right by carrying the trademark in order to sell 199 points total goods identical or similar to the registered goods bearing the trademark identical or similar to the trademark “F” (trademark registration number H) at the place indicated in paragraph (1) at the place, the trademark right holder’s G trademark “F” (trademark registration number H), and the goods identical or similar to the registered designated goods “sports-only clothes”, and on the same day, as indicated in attached Table 2, as indicated in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Written statements of J, K and L;

1. Police seizure records and photographs of seized articles;

1. Information photographs, control sites, and photographs of seized goods;

1. Each written appraisal and each original trademark register;

1. Sales details (one month to four months);

1. Application of the Acts and subordinate statutes governing the adjustment of authentic values;

1. Relevant Article 230 of the Trademark Act and the choice of punishment concerning facts constituting an offense, each of them shall be subject to imprisonment;

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

1. Article 236(1) of the Trademark Act that is confiscated;

1. Article 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

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