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(영문) 서울북부지방법원 2013.10.18 2013고단1890
상표법위반
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 3, 2010, the Defendant was punished by a fine of KRW 700,000 as a violation of the Trademark Act by the Seoul Northern District Court, and the same year

3. A fine of one million won has been sentenced for the same crime in the Busan District Court's Deputy Branch, and a fine of three million won has been sentenced for the same crime in the Seoul Western District Court on December 13 of the same year.

【Criminal Facts】

From Jun. 21, 2012 to December 21, 201:40 of the same year, the Defendant: (a) placed the Defendant’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) placed the Spain clothes, etc. manufactured by forging the trademark registered with the Korean Intellectual Property Office (No. 075263) at the Korean Intellectual Property Office (No. 075263); (c) received KRW 101,980,50 from the retail stores of the D Spain clothes, etc. in his name, and sold the volume and fine fine; and (d) sold the 345 points in Melel (No. 080464 of the trademark registration number) registered with the Korean Intellectual Property Office at the Defendant’s home on December 21, 2012 (No. 0080,700,000 won in total) under the 345 points in the Gabel Melel, and stored the trademark right holder’s goods in accordance with the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. A report on investigation (Attachment of a field photograph);

1. Investigation report (a price list of forged goods and the original trademark register);

1. A report on investigation (data related to sales amount);

1. Criminal records as stated: Application of criminal records-related Acts and subordinate statutes;

1. Relevant Articles and 93 of the Trademark Act concerning facts constituting a crime. Article 93 (Selection of Imprisonment or 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. Social service order under Article 62-2 of the Criminal Act;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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