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(영문) 부산지방법원 2019.02.19 2018고단5514
상표법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall infringe on trademark rights, such as possessing goods identical or similar to the designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transferring or delivering them.

1. On October 1, 2018, Defendant A: (a) around 16:20 on October 1, 2018, at the “E for Defendant’s operation of Defendant C market heading in Busan Jung-gu, Seoul; (b) kept the company F, a trademark holder of the trademark, for the purpose of sale, 2 of the instant trademark rights attached to the Korean Intellectual Property Office.

2. On October 1, 2018, Defendant B: (a) around 16:20 on October 1, 2018, the Defendant committed the infringement of the above trademark right by placing the trademark “I” on the part of Defendant F, a trademark right holder, attached to the Korean Intellectual Property Office of Korea; (b) 5 punishment and 2 punishment, and 2 punishment, and 1 punishment, and 1 punishment, and 1 punishment, where the trademark registration is attached to K, a trademark right holder, and M, for sale of the Nos. Spain registered as N in the Korean Intellectual Property Office of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning theO;

1. Each police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Defendants: Articles 230 and 230 of the Trademark Act (limited to each registered trademark) and the choice of imprisonment as to criminal facts;

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Article 62-2 of the Criminal Act

1. The Defendants: (a) the conditions unfavorable to the sentencing of Article 236(1) of the Trademark Act: The most of the Defendants are the same criminal records; and (b) the Defendant B, in particular, has been sentenced to a suspended sentence of two years for the six months of imprisonment due to a violation of the Trademark Act in 2015: both the Defendants are against the law; and (c) the quantity and value of the stored goods are not so large.

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