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(영문) 대전지방법원 2017.02.07 2017고단23
상표법위반
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of ten months on February 18, 2016 by the Seoul Northern District Court for a violation of the Trademark Act, and the said judgment became final and conclusive around that time, and is currently under the suspended sentence.

[2] Around July 2016, the Defendant, along with C and D, employed employees whose name cannot be known, and supplied raw materials, etc. to the “F” manufacturing factory on the E 2nd floor in Namyang-si, Nam-si, and D supplied them with raw materials. D, along with his employees, installed a forged trademark after sealing off semi-finished goods supplied in the above factory, etc., and planned to build a bank by attaching a forged trademark. The Defendant, by sharing the role of inspecting the above sealed bags and packing them and supplying them to the customer, planned to manufacture a forged trademark.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, the defendant in collusion with C, D, etc., who is an accomplice as above, from July 2016.

9. Until January 1, 200, a trademark holder’s trademark holder’s trademark right was infringed by manufacturing 5,225 points (a total of 4,180,000,000 won in total) with a trademark holder’s registered trademark, such as MM’s registered trademark (registration number No. 571868) at the above F plant, and manufacturing 1,305 points with a trademark holder’s trademark, such as the trademark holder’s registered trademark, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement D or C concerning the accused in the second examination protocol of the suspect examination by the prosecution;

1. Statement in each protocol concerning the examination of suspect of the police against D or C;

1. An investigation report (on-site control of the store where counterfeit goods are sold), on-site photographs, seizure records, list of seizure, investigation reports (with respect to the fixed value of goods and the register of trademark registration), and

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