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A defendant shall be punished by imprisonment for not more than ten months.
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
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 such trademark on goods identical or similar to the designated goods.
The Defendant is a person operating a golf manufacturing company with the trade name of the KUE in Gyeonggi-gu, Seoul Special Metropolitan City. The Defendant purchased a large quantity of golf plates from the collector and intended to manufacture and sell the golf plates attached with a trademark similar to the registered trademark of the above trademark right holder through gambling, painting, trademark attachment, and painting process, which are registered with the Korean Intellectual Property Office by the Korea Intellectual Property Office (Registration No. 0747860), "PRO V1x" (Registration No. 106349), and "PRO V1x" (Registration No. 1064318).
Accordingly, around July 19, 2017, the Defendant: (a) placed a trademark attached to the list using a string, painting facility, trademark attachment, or painting equipment to remove the trademark attached to the list installed therein; and (b) manufactured “Titistist”, “PRO V1”, “PROV1x”, and “PROV1x” with the trademark attached from September 8, 2016 to July 19, 2017; (c) manufactured 37,562 of the trademark attached with the above method from around September 8, 2016 to July 19, 2017; and (d) manufactured 37,562 of the trademark attached with the trademark attached to the above method to Japan; and (e) sold 67,426 of the golf to Japan; and (e) sold 10,584,560,560,580,580,500.
Accordingly, the defendant infringed on the trademark rights of Korea in Cubash Coup Ltd.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F, G, H, and I;
1. Written statements of J, K, L and M;
1. Answers, original registers of trademarks, rulings, etc. (Evidence List)