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(영문) 의정부지방법원 2013.08.30 2013고단1416
상표법위반
Text

A defendant shall be punished by imprisonment for 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 one may infringe the trademark right by keeping, without permission of the owner of the trademark right, goods identical with or similar to the designated goods bearing the registered trademark or a similar trademark for the purpose of sale, but the defendant infringed the trademark right of the owner of the trademark right by keeping 670 goods equivalent to 690,65,00 won in total at the market price of the goods with the forged trademark attached, as shown in the attached list of crimes, as shown in the attached list of crimes, at C commercial stores operated by the defendant located in Dongducheon-si B, 200 on March 10, 2013, in which the defendant had registered the trademark right.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A report on investigation (whether forged or not) - accompanied documents;

1. Report of investigation (Attachment to the trademark register);

1. A report on internal investigation (a document attached to a dust bags purchased by the U.S. National Land Security Investigative Bureau and a report on the results of appraisal by the banks);

1. Application of Acts and subordinate statutes to the appraisal opinion of counterfeit goods and the price list of authentic goods;

1. Article 93 of the relevant Act concerning facts constituting an offense and Article 93 of the elective Trademark Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, which is the first offender with no criminal history, and is showing a crime of living style; and

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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