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A defendant shall be punished by imprisonment for one year.
Seized evidence of heading 1, 3, 5, 6, 8, 11 shall be confiscated, respectively.
The facts charged of this case.
Reasons
Punishment of the crime
No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.
Nevertheless, on November 24, 2016, the Defendant: (a) registered trademark right holder at a (ju) E office located in Nam-gu, Daegu-gu and F (ju) warehouse located in the Nam-gu, Daegu-gu; (b) registered trademark (registration number No. 0114023); and (c) stored wheel caps with the same pattern of forged trademark (registration number No. 0114023); and (d) registered 2,043 points per annum of the attached crime No. 2,080, and 2,080 points per annum No. 1,072 points per annum of 2,878 points, and 1,072 points per annum and 6.506 points per annum of a trademark right holder; and (b) registered 446 points per annum of a total number of trademarks with the purpose of selling the same shape of the trademark right as the trademark holder’s 294 points and 1,076 points per annum No. 1,578 points per annum.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of seizure and a list of seizure;
1. Investigation Report (as to the purchase of forged goods by the suspect)
1. Investigation report (Investigation into whereabouts of a place where counterfeit goods are sold);
1. Investigation report (as to the violation of the Trademark Act), appraisal report, and the original register of trademark registration;
1. Investigation report (value of the fixed goods and the original register of trademark registration);
1. An investigation report (as to the analysis of sales details)
1. A report on investigation (report on the necessity for investigation related to specific description of forged goods);
1. Telephone information;
1. Application of Acts and subordinate statutes to the purchasing photographs of counterfeit products, photographs of the Internet sales screen operated by the person under consideration, photographs of the site sites of the sale of counterfeit products, etc., photographs of the site page, and photographs of the site site of search and
1. Relevant legal provisions and Article 230 of the Trademark Act regarding criminal facts as well as the choice of punishment (Selection of Imprisonment);
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. The grounds for sentencing under Article 236(1) of the Trademark Act and Article 48(1)1 of the Criminal Act recognize and reflects the instant crime.