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(영문) 대전지방법원 2016.11.30 2016고단2885
상표법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The evidence No. 1314 of the Daejeon District Prosecutors' Office' 2016, which was seized.

Reasons

Punishment of the crime

On July 2016, the Defendant: (a) received a request from D to manufacture a forged trademark attached to the container that would lead a factory and supply raw materials; and (b) received a request from D to request to do so; and (c) operated a provisional manufacturing factory with the trade name “F” from E2 in the Namyang-si, Namyang-si, the Defendant decided to manufacture a forged provisional manufacturing factory with six employees whose name could not be known who are in charge of manufacturing straw materials, etc. and inspection of completed goods.

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

Nevertheless, on September 1, 2016, the Defendant, in collusion with D, etc., who is an accomplice, manufactured 1,305 points on the cover of 5,225 points (a total of 4,180,000,000,000 won) on which a trademark holder’s trademark in the same shape as the registered trademark (registration number No. 571868) was attached at the above F plant, and manufactured 5,225 points (a total of 4,180,000,000 won) on the cover of the registered trademark in the same shape as the registered trademark in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. An investigation report (on the spot control of a factory manufacturing forged goods), an investigation report (on the fixed price of goods and the register of trademark registration), an investigation report (in relation to the manufacture of forged goods stored in the mobile phone G), and an investigation report (in relation to the user of a mobile phone G), and an investigation report;

1. Application of each statute on photographs;

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and each Article of the choice of punishment;

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

1. As to the confiscation of criminal records for the same reason for sentencing under Article 48(1)1 of the Criminal Act, Article 236(1) of the Trademark Act, even though there are several criminal records for the same reason for sentencing (in other words, two times of punishment and three times of suspended execution).

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