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A defendant shall be punished by imprisonment for six 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 use a trademark identical or similar to another person's registered trademark on the goods identical or similar to the designated goods, or manufacture, distribute, sell, forge, imitate, or possess such trademark for the purpose of using it.
The Defendant is a person who sells fake items, such as a set, while operating the Niber B website (B).
From October 23, 2015 to February 11, 2016, the Defendant purchased a trademark identical or similar to the trademark from around 23, 2015 to 6 Eul-ro in Seoul, Jung-gu, Seoul, for the registration of the trademark, and received the infringement of another’s trademark by selling 64 bit bargaining clothes, which attached the trademark identical or similar to the trademark (registration number No. 0190753, 0066230, the trademark right holder’s additional time for the trademark right holder) to the Korean Intellectual Property Office, and the goods registered with the Korean Intellectual Property Office (registration number No. 0086306, the trademark right holder’s additional time for the trademark right holder purchased 36 points of Huitts, which had the trademark attached with the trademark identical or similar to the trademark, and reporting the above bit to many unspecified customers, and selling 9,527,00 won in total, and selling it to another person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Supplementary records;
1. A complaint;
1. Original register of trademark registration;
1. Account transactions;
1. A certified copy of the corporate registry (fort Korea);
1. Application of the Acts and subordinate statutes governing the operation of the recipient's NAbbr, and the photographic;
1. Relevant legal provisions and Article 93 of the Trademark Act regarding facts constituting an offense; and
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 sentencing under Article 62-2 of the Social Service Order Criminal Act is limited to [the scope of recommended punishment] registered infringement of rights (the act of infringing on registration) No. 1 (10 to 2 years) basic area (10 to 2 years) of trademark infringement (the person subject to special sentencing). The final sentencing scope according to the increase of multiple offenses is in violation of trademark rights: 10 to 3 years (2 years x 1/2) (i.e., a two-year decision) unfavorable to others - normal circumstances (i.e., a two-year decision) - a set and lick trademark in other company brands.