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(영문) 대구지방법원 안동지원 2015.11.10 2015고단588
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used for the purpose of transfer or delivery.

Nevertheless, at around 09:00 to 15:10 on August 3, 2015, the Defendant sold clothing to many unspecified persons in the form of street points in front of the C Post Office located in B, and the Defendant: (a) registered the trademark with the Korean Intellectual Property Office (01) on February 17, 1986 by the owner of the trademark right on February 17, 1986; (b) designated sports clothes as designated goods on June 12, 2008; and (c) kept the trademark “adidas” with the trademark forged, attached, attached, one punishment for a fake sports clothes; and (d) displayed five or similar trademarks for the purpose of selling them, or kept them in the vicinity, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each original trademark register;

1. Records of seizure and the list;

1. Each written appraisal;

1. The application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 93 of the Trademark Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (with three times a fine for the same kind of punishment, consideration shall be given, such as the fact that actual damage is insignificant and living, and that mistake is against each other);

1. It is so decided as per Disposition by the reason of above Article 97-2 of the Trademark Act; and

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