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(영문) 서울중앙지방법원 2013.05.02 2013고단509
상표법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

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

around September 2012, the Defendant imported clothing, such as GaCK YAK, from the clothing seller in China, and requested the employees of the self-denunciation company to voluntarily surrenders the trademark, which is a well-known trademark, on the clothing imported as above, and received it from the employees of the above-mentioned self-denunciation company, and thereby, attached a forged trademark of BLACK YAK YAK (registration number: No. 0638537) that is registered with the Korean Intellectual Property Office (registration number: No. 0638537) and attached list 260 points, but the registration number of the trademark is 4039621300.

A total of 2,451 points (the estimated price of fixed goods is equivalent to 641,425,00 won) such as NAP, butter, R&A, Hubbab, Huba, B, B with a trademark marked, B with a trademark marked, and B with a view to selling forged goods, such as the list of crimes in attached Form B, around December 22, 2012.

The Defendant infringed trademark rights of the trademark right holder respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. A report on the appraisal of seized intellectual property rights;

1. Application of the statutes of the original trademark register;

1. Relevant Articles of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (to be comprehensively applied to each of the registered trademarks, and to be punished by imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from the infringement of trademark rights, the most severe punishment)

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

1. Social service order under Article 62-2 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 or infringement on rights (special person).

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