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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
The Defendant, a person operating an original export-import company of No. 501 of the D Building 501 in Jung-gu Seoul Metropolitan Government, was willing to produce a forged original body, using the fact that the original body manufacturer is bound to perform business instructions.
1. 피고인은 2014. 11. 경 경기 양주시 F에 있는 원단 제작업자인 G에게 샤넬, 펜 디, 루 이비 똥, 구치, 이브 생로랑 등 등록 상표를 위조한 상표가 부착된 원단을 생산할 것을 의뢰하고 작업지시서를 교부하였다.
After manufacturing a copper plate to print the above forged trademark through G, etc., the Defendant produced 15,750 meters of the original body with the above forged trademark attached at the I plant located in H at the Gyeonggi-si on December 2014.
Accordingly, the defendant forged another person's trademark registration and infringed trademark rights.
2. 피고인은 2015. 3. 17. 경 경기 포 천시 J에 있는 원단 제작업자인 K에게 샤넬 등록 상표를 위조한 상표가 부착된 원단을 생산할 것을 의뢰하고 작업지시서를 교부하였다.
After manufacturing a sign to print the above forged trademark through K, etc. on March 2015, the Defendant produced 1,800 meters of the original body with the above forged trademark attached at the above place.
Accordingly, the defendant forged another person's trademark registration and infringed trademark rights.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in each suspect examination protocol against L, G, K, M, N, orO;
1. Written work instructions, records of internal investigation (related to confirmation of a registered trademark), data, such as publications of a trademark, records of seizure and the list of seizure, descriptions of original pictures, and application of video-related Acts and subordinate statutes, in which the original body is kept;
1. Relevant legal provisions and Articles 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) regarding criminal facts
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 Code of the Suspension of Execution (the grounds for the following sentencing)