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(영문) 서울중앙지방법원 2014.02.20 2014고단272
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 4 shall be confiscated, respectively.

Reasons

Punishment of the crime

No trademark identical or similar to the registered trademark of another person shall be used for goods identical or similar to the designated goods, or possessed for the purpose of transferring or delivering goods identical or similar to the designated goods bearing the registered trademark of another person or similar trademark.

On February 6, 2012, the Defendant possessed a total of 1,400 points (total estimated price: 4,290,536,000 won) for a household with a forged trademark attached, such as the list of crimes in the attached list, where a trademark right holder had a trademark registered with the Korean Intellectual Property Office (registration number: 109.60) in Seongdong-gu Seoul and D1st floor, the trademark right holder had a trademark registered with the Korean Intellectual Property Office (registration number: 109.60).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police seizure;

1. Investigation report ( Results of product appraisal);

1. Application of field control photographs, and statutes in the original trademark register;

1. Article 93 of the Trademark Act applicable to facts constituting an offense;

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

1. Reasons for sentencing under Article 97-2(1) of the Trademark Act [Determination of Punishment] - The act of infringing on the registration of intellectual property rights [Special Convict] - the act of infringing on the rights to intellectual property rights - The increased factor: 1 year to 3 years [decision of the recommended area] - 1 year to 6 years [decision of the sentenced area] - one year to 1 year of imprisonment - the defendant committed the same kind of crime again even though he had the past record of punishment, such as one time of fine for the same crime, two times of suspended execution, one time of punishment, and one time of punishment before the previous crime, and the amount of forged goods kept by the defendant reaches 1,400 points. Meanwhile, the defendant seems to have caused the crime of this case by economic circumstances, and most of forged goods have not been seized and distributed, and the defendant's age, character, behavior, environment, after the crime is committed.

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