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(영문) 대구지방법원 2016.10.21 2016노456
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of manufacturing a paper gambling and supplying it to A, was completely unaware of the fact that it constitutes a fake paper gambling that infringes on the trademark right of the Defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of a fine of KRW 20 million imposed by the lower court is too unreasonable.

2. Determination

A. We examine the assertion of mistake of facts as follows. ① When a large enterprise ordinarily requests the production of a paper stuff in large enterprises, it appears that the provision of design or paper stuff together is general and widely known in the paper stuff production industry (Evidence No. 2, No. 464, 465, 607, 3, 738 of the evidence records). A shows a paper stuff that is being distributed in the city without providing E with design, etc., and only “each paper stuff is created.” (Evidence No. 2, No. 517, 518, 571 of the evidence records), ② The defendant was a representative of Samsung M&D Co., Ltd. (Evidence No. 545 of the evidence records No. 545 of the evidence records) who was requested to produce a paper stuff, and the defendant would have received a 60th 5th 6th 6th 6th 5th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 7.

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