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(영문) 대구지방법원 2013.11.29 2013고단5914
상표법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 12, 2013, the Defendant: (a) around 14:40 on September 14:40, 2013, the Defendant possessed 35 points of clothing, bearing a trademark similar to a trademark registration (registration number No. 084028) on the part of the Republic of Korea, using the trademark registration (registration number No. 084028) as clothing, etc., as well as on the part of the Defendant, in order to sell 2 points with the trademark registered (registration number No. 084028) at the Korean Intellectual Property Office as the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Police seizure records;

1. A copy of the trademark register, and a copy of the trademark register;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act (including the fact that a person makes a confession of criminal conduct, reflects the fact that all similar trademark clothes are confiscated, and does not commit a second offense) in the suspension of execution;

1. It is so decided as per Disposition on the grounds of Article 97-2 (1) of the Trademark Act or more;

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