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(영문) 대구지방법원 2017.03.16 2017고단104
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

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

Nevertheless, the Defendant, at around October 14, 2015, opened an account of “C” in the name of “C”, a social network service (SNS) at the Defendant’s residence located in Daegu-gu, Daegu-gu, and opened an account of “C”, the trademark right holder “C” through the said Kakakao Account,” indicated on the Korean Intellectual Property Office No. 005947, 030235, 04294, and indicated on the Republic of Korea’s trademark registration No. 190,000 won (2,85,00 won at 2,885,000 won) from 60,000 won in total, 190,000 won in bulk, 60,000 won in [Attachment No. 1, 65] to 60,000 won in total, 60,000 won in total and 68,000 won in [Attachment No. 3] to 17, 20685,080.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each seizure protocol and seizure list, summary of report, account transaction statement (No. 15 of evidence list), goods sales statement (No. 16 of evidence list), goods statement (No. 17 of evidence list), trademark registration ledger, one right law of trademark registration;

1. Relevant Article 230 of the Trademark Act (integrated by registered trademark) and the choice of punishment for the crime: Imprisonment with prison labor;

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. The act of infringing on the registration of the first crime (property right) for the reason of sentencing Article 236(1) of the Trademark Act (the scope of punishment recommended).

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