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(영문) 의정부지방법원 2020.09.16 2020고단1464
상표법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 1, 2018, the Defendant posted a notice to sell bags attached with a trademark similar to the trademark (G) registered with the Korean Intellectual Property Office by the “F”, the trademark right holder of the trademark right, at the Guri-si B apartment’s own residence, and sold one of the above bags to a person who was named in his name. From the above date and time to July 18, 2019, the Defendant infringed the trademark right of each trademark right holder by selling a bags, straws, etc. with a trademark similar to the registered trademark of each trademark right holder, as shown in the attached list of crimes, from the above date and time to July 18, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement, national newspaper, information, and the screen of the sales of blogs, goods photographs, sales site-flogs, sales details of counterfeited sales slips of credit cards to purchase counterfeited products, and investigation report (on-site confirmation) on the trademark register of each business registration certificate for the sales of counterfeit products;

1. Relevant Article 230 of the Trademark Act and the choice of punishment concerning facts constituting an offense, each of them shall be subject to imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation [decision of types] according to the sentencing criteria: The act of infringing on registration rights [Type 1] and the act of infringing on registration rights [the scope of recommendation field and recommendation range] that there is no person who is a special person] (the scope of recommendation field and recommendation range], and the basic area of punishment, ten months to two years;

2. The Defendant, who made a decision on the sentence, committed the instant crime that infringes on the trademark rights of each trademark right holder by selling a door, door, door, etc. on which a trademark similar to the registered trademark of a trademark right holder is attached.

The number of goods sold by the defendant reaches 288, the period of sale is also long, and the trademark right value infringed is reasonable.

It is necessary to strictly punish the accused.

However, it is against the defendant's acknowledgement of the crime of this case.

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