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(영문) 의정부지방법원 2014.03.14 2013고단4516
상표법위반
Text

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

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

From early March 2013 to August 6, 2013, the Defendant infringed upon the trademark rights of the said trademark right holder by manufacturing the soft cards with the trademark similar to the trademark (registration number I) registered as designated goods by using the so-called “E” operated by the Defendant, which is operated by the Defendant in Scheon-si, from early March 2013 to early August 6, 2013, using the so-called “E”, and selling L 6,000 square meters around that time by selling the so-called “N” card with the trademark similar to the trademark (registration number G) registered as the designated goods by the trademark right holder H., the so-called “N” card with the trademark right holder H, a trademark similar to the trademark (registration number I), and the so-called “J” with the trademark (registration number K) registered as the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the defendant and L with the police;

1. The police statement of H;

1. The police seizure record and the list of seizure;

1. A photograph of seized goods;

1. The original trademark register;

1. Investigation report (Attachment of a field photograph);

1. Application of Acts and subordinate statutes to the report of investigation (with regard to fabrication of a trademark);

1. Article 93 of the relevant Act concerning facts constituting an offense and Article 93 of the elective Trademark Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the circumstances unfavorable to the previous and three times, the fact that there is no criminal record exceeding the previous fine, the confession and reflect of a crime, and

1. Social service order under Article 62-2 of the Criminal Act;

1. Confiscation under Article 97-2 of the Trademark Act;

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