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(영문) 대구지방법원 2014.09.19 2014고단3614
상표법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

During the period from May 2012 to May 13, 2014, the Defendants: (a) operated D in Daegu-gu, Daegu-gu; (b) sold approximately KRW 25,21,270,000,00 to many unspecified persons, including possession for the transfer or delivery of, or possession of, a virtual 245 points ( approximately KRW 23,2750,000,000 at the fixed price of goods) with a trademark identical or similar to “Burri” ( trademark registration number 0422162) with the trademark registered; and (c) sold approximately 25,21,200,00 won with a trademark identical or similar to “Burri” attached during the said period.

As a result, Defendants conspired to infringe trademark rights of trademark right holders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor's statement concerning E and F;

1. Records of seizure and the list of seizure by prosecution;

1. Each written appraisal and the original trademark register, and each original trademark register;

1. The details of the agricultural bank account in B; the details of the account in G-name Daegu Bank Account; the details of the account in H-name Daegu Bank Account; and the details of the agricultural bank account in H-name;

1. The application of the Act and subordinate statutes to the manager, goods and delivery, purchase receipt, banks' physical details, and the copies thereof;

1. Relevant Article 93 of the Trademark Act and Article 30 of the Criminal Act (to be comprehensively applied to each trademark, with respect to punishment);

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

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Confiscation Defendant B: Article 97-2 (1) of the Trademark Act;

1. Defendant B: Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. Defendant B of the provisional payment order: The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is a crime which damages the legitimate rights of the trademark right holder and the trust of the trademark of the consumers, and the quality of such crime is somewhat weak.

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