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(영문) 서울동부지방법원 2015.12.10 2015고단3215
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

The Defendant is a person who operates the clothing sales Internet site “D” on the first floor of Songpa-gu Seoul Metropolitan Government C.

On March 30, 2015, the Defendant infringed on the trademark rights of the trademark right holder by carrying 136 points, 274 points, 62 points, Bari 20 points, cryp 880 points, paper-based 15 points, Rabl 1, 570 points, Rabl 570 points, Rabl 50 points, Rabl 570 points, Kabluri L.P.’s registered trademark of “BUBRCH” (trademark No. 854054), a trademark of the same shape as “BURCH” (trademark No. 0450), which is the registered trademark of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of opinions on appraisal of seized articles;

1. Evidence as seized subparagraphs 1 through 9;

1. Application of statutes on field photographs;

1. Article 93 of the Trademark Act governing the facts constituting an offense and Article 93 of the Election of 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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Punishment, etc. of Infringement of Registration) (Article 62(1) of the Framework Act on the Punishment, etc. of Violations of the Trademark Act (Article 62(1) of the Act on the Punishment, etc.) provides that the Defendant has been subject to a fine of KRW 7,000,000 for a violation of the Trademark Act by the Seoul East East District Court on August 3, 2012; however, the Defendant confessions and reflects the Defendant and operates a decentralization with his mother-child after the commission of the instant crime; the scope of the recommended sentencing guidelines for a violation of the Trademark Act on the sentencing guidelines for the violation of the Trademark Act is as follows: [The recommended area] The scope of the recommended sentencing guidelines for the violation of the Trademark Act shall be limited to the basic area (Article 1 of the Act on the Protection of Registration),

1. Probation and community service order;

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