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(영문) 서울서부지방법원 2013.09.04 2013고단1231
상표법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess goods identical or similar to the designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transferring or delivering them.

Nevertheless, around March 12, 2013, the Defendants conspired to display, keep, and possess 426 points in total for designated goods bearing a trademark in the same shape as the trademark of 12 persons having trademark rights, as shown in the attached list of crimes, such as 70 points where a forged trademark, such as "LOUIS VUTRN", which is a registered trademark in the horse belt of Jung-gu Seoul, Jung-gu, Seoul, is attached, the Defendants infringed on the trademark rights of the said persons having trademark rights by displaying, keeping, and possessing 426 points in total (amounting to 625,00,000 won in value of the estimated goods) as the registered trademark of 12 persons having trademark rights.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 93 of the Trademark Act and Article 30 of the Criminal Act concerning facts constituting an offense.

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

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

1. Probation and community service order (Defendant B) Article 62-2 of the Criminal Act;

1. (Defendant A) Even though there was a record of punishment for the same crime committed by the Defendants on the grounds of sentencing under Article 97-2(1) of the Trademark Act, re-offending the crime, and the discovered forged goods are not less likely to cause a lot of crimes.

Therefore, in light of the circumstances leading to the crime again, the size and place of storage, sales method, the relationship and family environment of the Defendants, and the fact that the Defendants would not repeat the crime in the future, it is so decided as per Disposition.

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