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(영문) 서울북부지방법원 2016.01.20 2015고단4158
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates precious metal sales stores in the name of Jongno-gu Seoul Metropolitan Government “C”.

No one shall use any trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and deliver, sell, forge, imitate, or possess such trademark for the purpose of using or making another person use it.

Defendant: (a) purchased the aforementioned precious metal sales store from D (not later than August 3, 2015, as of January 16, 2015, the Plaintiff purchased 53 precious metals (not later than KRW 5,470,000) with a trademark identical or similar to the French trademark (No. 0149164) registered with the Korean Intellectual Property Office of Korea at the time of the Republic of Korea on January 16, 2015; (b) purchased from D (not less than 5,470,00 won of the value of the authentic product) with a trademark identical or similar to D; and (c) sold them with approximately 30% profits to the false customers in name with the name of 42 times from that time to July 6, 2015; and (c) purchased them from D with a trademark right of 530,000 won (the value of the authentic product) with a trademark right of KRW 17,210,000,00).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of each protocol concerning examination of suspects to the prosecution regarding D;

1. Selection of punishment under Article 93 of the Trademark Act (referring to each trademark right holder's respective registered trademarks) and imprisonment for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of violating the Trademark Act on the grounds of sentencing under Article 62-2 of the Social Service and Criminal Act is a crime that infringes on the right of the registered trademark right holder and seriously disturbs the trade order in the goods market, and the criminal liability of the defendant is not less than that of the forged goods stored and sold in the custody of the defendant in light of the number and type thereof.

(b).

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