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(영문) 대구지방법원 2013.08.06 2013고단4010
상표법위반
Text

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

Reasons

Punishment of the crime

[criminal power] On February 22, 2011, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Trademark Act by the Daegu District Court. On November 30, 201, the Defendant was sentenced to a suspended sentence of 2 years for a year of imprisonment for a crime of fraud at the Daejeon District Court. On November 30, 201, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Trademark Act.

【Criminal Facts】

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

Nevertheless, the Defendant, upon the request from C for the sale of fake Corresponding old path from C, conspired with D, C, etc. in order to subdivide the Chinese paths into the designated goods, and then pack them into the upper path, the designated goods bearing the registered trademark of D, C, etc. or similar trademarks.

The Defendant subdivided up to October 2012, 201 to December 2012, 2012 the Chinese sponsed by D, C, etc., into one kg, and then then re-sealed into the “spout old spouted spouted spouted spouted spouted spouted spouted spouted,” with the trademark of the trademark right holder, and acquired profits of approximately 4.8 million won from November 2012 to December 2012, the Defendant distributed approximately 1,600 spouts through E and obtained profits of KRW 4.8 million from 1,600 to 4.8 million.

Accordingly, the defendant, in collusion with D, C, etc., used a trademark identical to the registered trademark on goods identical or similar to the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C;

1. A copy of each protocol concerning the examination of police officers against D, C, G, H, and I;

1. Copies of each police statement to J and K;

1. Investigation report (with respect to submission of the details of the modification of packing designs and the original trademark register, etc.);

1. Previous convictions: Criminal records, investigation reports (related to attachment A and attachment of court rulings (201Mo6)) shall apply to statutes.

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