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(영문) 서울중앙지방법원 2014.05.13 2014고단1648
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

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

From June 2010 to April 19, 2013, the Defendant: (a) installed a rewing machine, bridge, work stand, etc. under the ground of Seoul Special Metropolitan City Nowon-gu building; (b) installed a trademark holder’s side time with a cap and child, etc. as designated goods; (c) approximately 150 of the fake Spanish trademark (registration number) arbitrarily attached to the trademark holder’s trademark registration with a cap and child as designated goods; (d) approximately 150 of the trademark holder’s Pyeongtaek L&C Co., Ltd. with a trademark “Nph” registered as designated goods; (d) approximately 150 of the fake fest son’s trademark registered as trademark (registration number): (e) the trademark holder arbitrarily purchased a cap and child, etc. as designated goods and sold it to many and unspecified persons; and (e) sold it using the trademark holder’s 1,200 walk and 1,200 walk, and sold it to the said unspecified persons; and (e) 1, 2010 walk.

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement of the accused (the details of sale; the records of evidence No. 16);

1. Police seizure records;

1. The application of Acts and subordinate statutes to investigation reports (the results of appraisal replies-appraisals);

1. Article 93 of the Trademark Act governing the facts constituting an offense and Article 93 of the Election of Imprisonment;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the crime of violating the Trademark Act due to the possession of 7,103 of the largest fake Spain);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 97-2 (1) of the Trademark Act [decision of type] infringement on the registration of intellectual property rights.

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