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(영문) 서울중앙지방법원 2014.08.14 2014고단1952
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2010 to June 17, 2013, the Defendant, at the underground of the Seoul Special Metropolitan City Nowon-gu D Building, installed a scambling machine, bridge, work stand, etc. necessary for clothing manufacture, installed a trademark “Laeme” trademark (registration number: No. 114103) which is registered by the trademark holder company, and installed at his own discretion attached titts 1,353; more 326 trademarks (registration number: No. 268966) which are registered by the trademark holder company; 326 Adixa trademark (registration number: No. 26896) which is registered by the trademark holder; and 50 titts and 350 titts with the trademark owner’s arbitrarily attached at the place of sale of the said titts with the trademark owner’s 350 titts and 50 titts; 601 253 titts, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Seizure records;

1. A E-document;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. Article 62 (1) of the Criminal Act;

1. It is decided as per Disposition on the grounds that the sentencing of Article 97-2(1) of the Trademark Act on the grounds that there is no basic area (10 to 2 years) (10 to 2 years) of the first category (1) of the act of infringing on registration (the scope of recommending punishment) of the Trademark Act (the act of infringing on registration) [10 months] of the basic area (the decision of sentence] [10 months of imprisonment, 2 years of suspended execution (the fact that there was a history of being sentenced to a fine due to

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