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(영문) 서울동부지방법원 2013.09.25 2013고단1813
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who, from July 2012, operates labeling stores in front of D shopping mall in Jung-gu Seoul, Jung-gu, Seoul.

1. From July 2012 to July 17, 2013, the Defendant: “Paul Smith” (trademark registration number No. 34949); “DESL” (trademark registration number No. 5586); “E” (trademark registration number No. 5586); “A. 500,000 on which a trademark with the same pattern is attached; “DAL E. 50,00”; “A. 200,000,000 won trademark with the same pattern attached; and “A. 40,000,000,000 won,” which is the registered trademark of “E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396213). . . . . . . . . . . . . . . . . . .. . . .. . . . . . . .. . .... . ..... . . . .... .......... . ... . . ........ ...............

2. On July 17, 2013, the Defendant stored the labels (a total of KRW 161,00,000,000 in total) with a total of 331 points marked with a false trademark of the same shape as the trademark of “LOUS VUITON” (No. 100463) as the registered trademark of “I” (LOUS VITON No. 10463), which is the registered trademark of “I”, for the purpose of selling the string vehicle (H) owned by the Seongbuk-gu Seoul Metropolitan Government front house (G), in the foregoing vehicle, and infringed on each trademark right by keeping the labels (a total of KRW 161,00,00,000 in total) with a false trademark of the same shape as the registered trademark of “I”

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each investigation report (verification report on the current price of goods and calculation of criminal proceeds);

1. Application of the statutes governing registration of trademark rights, detailed inquiry;

1. Article 97 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. Suspension of execution is a crime of this case under Article 62 (1) of the Criminal Act;

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