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(영문) 서울북부지방법원 2017.07.13 2017고단1443
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2016, the Defendant had a warehouse with a forged trademark attached to a warehouse located in Dongdaemun-gu Seoul Metropolitan Government C and 1st floor and sold the goods at the E-high school located in Jung-gu Seoul, Jung-gu and the lower street screen.

On December 20, 2016, the Defendant kept 1,551 points (a total of 1,689,800,000 won) of the household goods, such as the household goods with a trademark of forgery of 11 brand as indicated in the attached list of crimes, for the purpose of selling them, for the purpose of selling 519 points equivalent to 80,000,000 won of the unit price of the household goods with the same shape, which is the trademark registered as “luluor urg belt” (No. 100463, 10463) of the trademark right holder at the above warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A statement of opinions on appraisal of seized articles;

1. Suppression photographs and seizure list photographs;

1. Original register of trademark registration;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a lease contract for storage of forged suspect goods);

1. Relevant legal provisions concerning facts constituting an offense, Article 230 of the Trademark Act, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 236(1) of the Confiscation Trademark Act: The so-called even even if the defendant was kept in custody, a total of 1,551 points or more.

The defendant has been punished for a fine due to the same kind of crime in 2011.

Nevertheless, the crime of this case was committed again.

A favorable circumstances: The defendant is in profoundly against the defendant when committing the instant crime.

In other words, it does not commit such a crime.

There are many things.

There shall be no person who has been sentenced to a penalty exceeding a fine.

The defendant needs to care for his or her parents and young children.

The defendant's main figures want to be the defendant's wife.

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