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(영문) 인천지방법원 2017.04.20 2017고단606
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall use any trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.

Nevertheless, from September 8, 2015 to November 14, 2016, the Defendant posted the forged goods of the total number of 17 points (73,120,000 won at the fixed price) as shown in the attached Table 15 (2), 755 (255, 585) of the victims, as shown in the attached Table 2, to those who wish to purchase counterfeit goods that reported the above Kakaoto to themselves and contacted with the victim at their own house located in Seoul building 1203, Nam-gu, Incheon. A. The Defendant sold the forged goods of the total number of 17 points (73,120,00 won at the fixed price) as shown in the attached Table 15 (2), 95 (15, 2585, 2585).

Summary of Evidence

1. Statement by the defendant in court;

1. The original register of trademark registration, the Kakao Stockholm dialogue content, reply e-mail, and the list of product prices;

1. Application of Acts and subordinate statutes on account transfer details and account transfer details;

1. Relevant Article 230 of the Trademark Act (integrated by registered trademark) and the choice of punishment for the crime: Imprisonment with prison labor;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The basic area [10 months - 2 years] [the sentence] [the fact that actual profits from the sale of household goods are relatively large in preparation for the crime period and the fixed price of goods in preparation for the crime, active cooperation in the investigation, the fact that there is no criminal history of the same kind, and other sentencing factors, the punishment for six months below the minimum sentence recommended, and the execution of the sentence shall be deferred for one year on the condition that the prescribed community service work is provided in order to prevent recidivism and improve character and behavior.

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