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(영문) 대구지방법원 2014.05.29 2014고단1981
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 18, 2014, the Defendant: (a) around 16:39 on January 18, 2014, the Defendant was supplied with the goods of total of 30 points, as shown in the attached Table 1, including five points where a trademark identical or similar to the trademark registration number 0638534 is attached, and possessed to transfer or deliver them, from a person who was in fire, within 2:0 Dong-dong C market 2 and 20 in Daegu-gu, Daegu-gu, Daegu-gu.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

2. On February 12, 2014, the Defendant: (a) around 11:30 on February 12, 2014, the Defendant: (b) received goods of total of 74 points as indicated in the attached Table 2, including one affixed with a trademark identical or similar to the “Spanish” (No. 035624) where the trademark was registered by the “Spanish Spaces Committee” (No. 035624); (c) received goods of total of 74 points as indicated in the attached Table 2, and possessed them to transfer or deliver them.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

3. On March 14, 2014, around 11:40 on March 14, 2014, the Defendant supplied goods with a total of 57 points as indicated in the attached Table 3, including two points where a trademark identical or similar to the trademark registration number 0645841), and possessed them to transfer or deliver, among others, the Defendant supplied goods with a total of 57 points, as described in the attached Table 3, with the third floor D in Daegu-gu, Daegu-gu, and the third floor 6:148 of the 6nd 148.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each original trademark register;

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

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

1. Reasons for sentencing of Article 97-2(1) of the Trademark Act [the scope of recommending punishment].

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