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(영문) 의정부지방법원 2013.07.04 2013고단966
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 became final and conclusive.

seizure.

Reasons

Punishment of the crime

The Defendant did not infringe the trademark right by keeping, without permission of the owner of the trademark right, goods identical with or similar to the designated goods bearing the registered trademark or similar trademark for the purpose of sale. On March 12, 2013, the Defendant infringed the trademark right of the said owner of the trademark right by keeping 359,200,00 won of the fixed goods bearing the forged trademark as shown in the attached crime list, including 70 bags with the same forged trademark as the trademark registered, at C stores operated by the Defendant located in Dongducheon-si B, 203.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Scenic photographs, trademark control ledger, request for appraisal of forged products, and photographs of seized objects at the scene of crackdown;

1. Application of Acts and subordinate statutes to each investigation report (execution of a warrant and field control, trademark register, results of appraisal, sale and custody price assessment);

1. Article 93 of the Trademark Act as to facts constituting an offense (excluding each of the registered trademarks);

1. Where several trademark rights are infringed by a single act of commercial concurrent custody, several violations of the Trademark Act are established, and each crime is in a relationship of commercial concurrent crimes.

Articles 40 and 50 of the Criminal Act (Mutual Violation of the Trademark Act by Registered Trademark)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be strictly punished in light of the following: Provided, That it is against the defendant and promising not to repeat a crime, and there is no history of punishment exceeding the suspended execution, etc.)

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

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