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(영문) 서울서부지방법원 2018.01.12 2017고단3285
상표법위반
Text

A defendant shall be punished by imprisonment for six 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

1. Around April 15, 2014, the Defendant sold any forged trademark attached goods to an individual consumer via an online seller (state) at the Eunpyeong-gu Seoul apartment complex, B, and “E” in subparagraph 601 of the same Article, and each of the above acts infringed upon each of the above acts by selling the designated goods to the Korean Intellectual Property Office by selling the personal mobile phone, etc. attached with a trademark identical to Samsung (SAPG), Samsung electronic (ju), and LG electronic (ju) registered with the Korean Intellectual Property Office as a mobile phone, an invoice, a earphone, a earphone, and a earphone (LG) respectively.

2. On March 9, 2017, the Defendant: (a) around 3, 2017, the Defendant: (b) on each of the trademarks listed in paragraph (1) and on each of the trademarks listed in paragraph (1); (c) carried a earphone with a similar trademark attached; (b) 100 earphones; (c) 130 MO 150; (d) 8 type chips; (d) 42 type chips; (c) 45 ray chargers; (d) 400 wire ropes; (d) 2,200 mobile phone-types; (d) 70 mobile phone-types; (e) 390 mobile phone-types; (d) fluor-types of cell phones; and (e) 21 pent-types; and (e) infringed each of the above trademark rights by possessing a cell phone-type 550 pent-type.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. An investigation report (an investigation report on a request for appraisal of seized articles), an investigation report [2] (2) a request for appraisal of seized articles;

1. Application of Acts and subordinate statutes as a result of appraisal of maternity parts;

1. Relevant legal provisions and Article 93 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016) (amended by Act No. 1403, Feb. 29, 201); Article 230 of the Trademark Act (amended by Act No. 2 of the Trademark Act’s violation of Article 230 of the Trademark Act); and each choice of imprisonment, respectively,

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

1. Suspension of execution;

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