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(영문) 서울서부지방법원 2014.05.30 2013고단2717
상표법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The Defendant is a person who operates a trade agency under the trade name of “C” in China.

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

Nevertheless, from August 30, 2012 to October 26, 2012, the Defendant entrusted the name of the seller of counterfeit goods in China by one president, etc., from which it is impossible to identify the name of the seller of counterfeit goods in China, and imported the trademark right of the owner of the trademark through an aircraft to report it to the customs house as if he was an emergency product to receive the name of an individual using another person’s personal information, thereby infringing on the trademark right of the owner of the trademark by importing it through an aircraft, as shown in the attached list of crimes, such as “LOIS VITON” (registration No. 59471), a trademark of the same pattern as that of the owner of the trademark right, and 2,027 points on the designated goods attached with a forged trademark of the same shape as that of the owner of the trademark right, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. An appraisal statement, each written appraisal by a trademark right holder, and each original trademark register;

1. Application of each existing statute of subparagraphs 1 through 9 of this Article;

1. Article 93 of the Trademark Act concerning criminal facts;

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. Reasons for sentencing under Article 97-2 (1) of the Trademark Act [the scope of recommending punishment] infringement of the right to registration (the infringement of the right to registration) and the basic area (10 to 2 years) (10 to 2 years) of infringement of the right to registration [the decision of sentence] recognized and divided a defendant's wrong judgment]. The defendant did not have any record of punishment due to the same kind of crime, and other facts revealed in this case, such as the circumstances leading the defendant to the crime of this case, the defendant's age, character and behavior, and environment

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