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(영문) 의정부지방법원 고양지원 2016.08.18 2015고단2625
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

No one shall deliver, sell or possess any trademark identical with or similar to another person's registered trademark for the purpose of using it for goods identical with or similar to the designated goods, and shall possess any trademark of another person or goods identical with or similar to the designated goods on which such trademark is marked, for the purpose of transferring or delivering such trademark.

On April 20, 2015, the Defendant purchased from D, a forged cosmetics distributor, a fake c and 201, the Defendant sold or stored the cosmetic 32,00 marks (1,440,000,000 won at the fixed price) registered with the Korean Intellectual Property Office as designated goods, such as cosmetics.

Accordingly, the Defendant infringed the trademark right of traffic (ju) by using a trademark identical to the registered trademark of another person on goods identical to the designated goods or possessing it to transfer or deliver such goods.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police with regard to F;

1. A certified appraiser, the register of trademarks, or a copy of the sales set;

1. Application of each fake statute to the statute of limitation

1. The grounds for sentencing under Article 93 of the pertinent Act and Article 93 of the Trademark Act regarding criminal facts [the scope of a recommendation] [the scope of a punishment]), the basic area (one to two years from the date of the infringement of registration rights] (the person who is subject to special sentencing] (the decision of sentencing] [the decision of sentencing] the goods infringing the trademark right of this case are distributed in a considerable amount, and the degree of infringement of the trademark right of this case is significant.

There was no recovery of damage to the victim.

However, it is the favorable condition of the defendant that the defendant is against the defendant and has no criminal record of the same kind.

In fact, the defendant is actually.

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