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(영문) 서울동부지방법원 2017.12.21 2017고단3291
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

around October 6, 2014, the Defendant: (a) manufactured at the clothing manufacturing factory of the Defendant’s operation on the second floor located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) the victim’s side time is equivalent to the 296 mark “Frant” (registration number: No. 0840123) registered with the Korean Intellectual Property Office (registration number: No. 0840123); (b) manufactured at the request of the de-name clothing selling business operators; and (c) attached the trademark at the 1st page of the attached crime; and (d) from October 6, 2014 to November 24, 2016, the trademark owner indicated in the attached Form No. 77,920 on which the trademark was affixed with the forged trademark registered by the relevant injured party on the attached list (10,115,089,000 won at the market price of refined goods); and (d) attached the trademark at around 25, 2016, such as the trademark affixed 200.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment of price data on seized articles), investigation report (Attachment of the original register of trademark registration), investigation report (limited to the control site and photographs of seized articles);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on copies of books for manufacturing clothes;

1. Article 230 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 236(1) of the Trademark Act that is confiscated;

1. Circumstances unfavorable to the reasons for sentencing under Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds: The fact that the instant crime was committed over a long-term period, the victim is a majority and the amount of infringing goods is considerable, and other favorable circumstances:

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