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(영문) 서울북부지방법원 2018.03.15 2017고단5577
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a telecommunications sales business under the trade name of “C” on the second floor of Seoul Jung-gu Seoul Central Government.

On February 25, 2017, from around August 29, 2017 to around August 29, 2017, the Defendant sold children’s clothes with a trademark similar to the trademark registration (trademark registration number: No. 123507) in one shape, using designated goods as children’s clothes, etc., to the Korean Intellectual Property Office, and infringed another’s trademark right by the Educational Broadcasting Corporation, as indicated in the list of crimes in attached Form 2,99 (total market price of 90,249,50 won) and kept them in custody to sell children’s clothes 87 points.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. A written statement of reference witnesses;

1. Information and data on sellers of the branch market and the apartment house, two copies of the basis for the sale of children's uniforms, the data on the screen of the shopping mall, the data on the screen of the shopping mall, and the data on the disclosure of the Fair Trade Commission mail order business operators;

1. The original register of trademark registration and the publication of application for trademark registration;

1. Opinion on the appraisal of whether the first trademark right has been infringed on (C, E);

1. Data on the C screen;

1. On-site photographs;

1. Copies of related books;

1. C Sale details, delivery and receipt of goods;

1. Seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions, Article 230 of the Trademark Act on criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing of Article 236(1) of the Trademark Act is that the defendant sold approximately KRW 3,000 as a result, and the amount acquired therefrom is less than the amount.

subsection (b) of this section.

The Defendant continued to violate the Defendant’s notification that the Defendant would not sell the trademark.

However, the defendant is in depth against the defendant when committing the crime of this case.

The defendant is not subject to punishment at all.

The defendant is liable for family's livelihood.

As a result, the profits earned by the defendant will be transferred to the victim through civil litigation, etc.

These circumstances, the age of the defendant, the conduct of sex, the motive for the crime, and the defendant.

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