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(영문) 대구지방법원 안동지원 2015.06.30 2015고단288
상표법위반
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

No person shall possess goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used for the purpose of transfer or delivery.

Nevertheless, on May 2, 2015, the Defendant sold clothes to unspecified persons in the form of street stores in front of the CFT located in the GFYY, and kept them in D vehicles, which had been displayed for sale or parked in the neighboring place, 78 points marked with six registered trademarks or similar trademarks, on March 16, 201, for which the CFRT was registered with the Korean Intellectual Property Office on the designated goods on March 16, 201, by forging CFT, a trademark holder, registered with the Korean Intellectual Property Office as the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (attaching a table for handling reported cases);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles 93 and 66 (1) 4 of the Trademark Act concerning facts constituting an offense and the choice of punishment (with respect to each type of registered trademark, choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 97-2 (1) of the Trademark Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Sentencing criteria:

(a) Crimes Nos. 1, 2, and 3 (Scope of Recommendation) and previous crimes of the same kind which are three times or more in the aggravated area (one year and six months to three years), such as the aggravated area (one year and six months to three years), of infringement on registration;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for one year and six months from June to six months;

3. Although the Defendant has already been punished three times for the same crime, he/she again commits the instant crime and is sentenced to imprisonment at this time.

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