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(영문) 서울서부지방법원 2016.03.31 2016고단98
상표법위반
Text

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

However, the execution of the above sentence 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 deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, on October 13, 2014, the Defendant violated the trademark rights of the victims by selling at around 294 times all of the 294 companies from October 16, 2014 to October 5, 2015, a trademark similar to the trademark registered with the Korean Intellectual Property Office (hereinafter “FD. A”) and six companies other than the company “FD. A” had Luxembourg Luxembourg and 294 marks totaled of 88,097,00 won and 294 of the price for fake bags and clothing 294 to the Korean Intellectual Property Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (the list of evidence Nos. 3, 9, 11, 13, 19, 28, 39, 51);

1. Details of accounts in A foreign exchange bank, current status of transfer to A another account, current status of transfer to F account, current status of transfer to G account, current status of transfer to H account, and deposit into A bank account;

1. The screen and the Kakaoo Kakao Kakao Kakao Kao Kao Kao Kao Kao Kao Kao Kadi Kao Kao Kao Kao Kao Kadi

1. Application of Part VII of trademark registration information to the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 93 of the Criminal Act (including each registered trademark), and the choice of imprisonment with prison labor for the crime;

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. The reason for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] The act of infringing on registration rights is not the basic area (ten to two years or more) [the person subject to special sentencing] [the decision of sentencing] [the decision of sentencing] under the following main circumstances, the sentence was determined as ordered by comprehensively taking into account all of the factors such as the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime.

In this case, disadvantageous circumstances.

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