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(영문) 서울북부지방법원 2016.04.15 2016고단92
상표법위반
Text

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

The defendant is a person who sells automobile typists (trade name: D) and Internet shopping mall (E) in Dongdaemun-gu Seoul Metropolitan Government.

No one shall use any trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and deliver, sell, forge, imitate, or possess such trademark for the purpose of using or making another person use it.

From January 14, 2013 to December 12, 2015, the Defendant sold “BMW” (trademark registration number: 0114023) registered with the Korean Intellectual Property Office by using the above sales store and the Internet sales site, and each of the Defendant sold or infringed upon the trademark rights by possessing 1,732 chairs (trademark registration number: 395,298,60 won in total) attached with the trademark attached with the trademark attached to the Korean Intellectual Property Office by the diesel set, as shown in the list of crimes in the attached crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning facts constituting an offense and Supreme Court Decision 2009Do10759 Decided July 14, 201 (Punishment of Imprisonment) of the Trademark Act (where several registered trademarks are continuously engaged in an act of infringement of trademark rights under Article 93 of the Trademark Act, only one crime is established by including one registered trademark each, and barring any special circumstance, one crime cannot be deemed to constitute a single crime by combining several trademark infringement acts bearing different registered trademarks on the ground that trademark rights and marks are identical).

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

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

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

1.The benefit of the offence shall be subject to the regulation and punishment of the following:

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