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(영문) 서울중앙지방법원 2014.05.01 2014고단1498
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, from August 2, 2012 to August 21, 2013, operated a new manufacturing factory of “C” on B in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and possessed each trademark right holder’s trademark rights infringement by manufacturing 6,000 new shoes with a trademark of the same shape, including a new launch with a trademark of the same shape, which is identical to the former trademark registered by the owner of the trademark right at the time of Gochina 070356, which was attached by the owner of the trademark right, or by manufacturing and selling a forged 6,00,000 with a trademark of the same shape, including a new launch with a trademark of the same type, which is attached by the owner of the trademark right, and the forged trademark of the same shape as the above registered trademark is identical to the foregoing 36 metrifies (a total amount equivalent to 2,160,000 won), including the new launch, decoration, etc. on which a forged trademark is affixed as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Seizure records;

1. Investigation report (including attached documents);

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 93 of the relevant Act concerning facts constituting an offense and Article 93 of the elective Trademark Act;

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. The scope of the recommended sentence against the accused subject to Article 97-2(1) of the Confiscation Trademark Act falls under 10 to 2 years of imprisonment, and the scope of the recommended sentence is 10 to 3 months of imprisonment.

In full view of all the sentencing circumstances, including the quantity of goods provided for the crime and the fact that the defendant has no record of punishment before the crime of this case, the punishment shall be determined as ordered within the scope of recommendation and the execution of the sentence shall be suspended.

It is so decided as per Disposition for the above reasons.

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