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A defendant shall be punished by imprisonment for one year.
Seized evidence 1 to 54 shall be confiscated.
Reasons
Punishment of the crime
No person shall use a trademark identical with or similar to the registered trademark of another person for goods identical with or similar to the designated goods, or possess for the purpose of transferring or delivering goods identical with or similar to the designated goods bearing the registered trademark of another person or similar
Nevertheless, around June 20, 2014, the Defendant displayed and stored a total of 54 kinds of 753 points (39,84440,000 won of the fixed goods) in the “M store operated by the Defendant in Gwangju Mine,” which is registered with the Korean Intellectual Property Office (No. 70352 of the trademark registration number, and the trademark right of each owner of the trademark was infringed, by displaying and keeping a total of 54 points and 753 points (39,8444,00 won of the fixed goods) as shown in the attached list of crimes, such as the 11th point of the old package attached to the old package registered with the Korean Intellectual Property Office.
Summary of Evidence
1. Defendant's legal statement;
1. A certificate of investigation;
1. Control site and voluntarily produced goods and photographs;
1. A report on investigation (on whether a trademark is registered), the current status of trademark registration, and the original register of trademarks;
1. A report on investigation (as to calculation of the fixed value);
1. The police seizure report and the list of seizure;
1. Application of the Acts and subordinate statutes to investigation reports (as to the authenticity and correctness of seized articles);
1. Relevant Articles of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (the point of infringement of trademark rights, inclusive, by trademark right);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The fact that the reason for sentencing under Article 97-2 (1) of the Confiscation Trademark Act (hereinafter referred to as the "Confiscation") committed a crime again pending trial due to the same kind of fine (as a result of a violation of the Trademark Act by the Gwangju District Court on July 10, 2014, a suspended sentence of one year for a violation of the Trademark Act has been sentenced to a suspended sentence of one year on July 10, 2014) that the defendant committed a violation against his/her wrong recognition, and that the amount of counterfeit goods possessed by him/her for sale is not much