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(영문) 대전지방법원 2016.08.26 2016고단2005
상표법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 15 shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant is a person who runs a store with the trade name “E” in Seoul DD market 57 on the first floor.

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

Nevertheless, from December 2, 2011 to June 16, 2016, the Defendant violated the trademark right of the owner of the trademark by selling 305 points at the temporary 305 points attached with a forged trademark of the same shape as the registered trademark of the owner of the trademark right (registration No. 114458) at the E store of the above Seoul DD 1 story No. 57 from the above Seoul DD 1st to the 16th day.

2. No person who holds a forged trademark or any goods attached thereto for sale shall use the same trademark as a trademark registered by another person on goods similar to the designated goods, or use a trademark registered by another person on goods identical with or similar to the designated goods;

Nevertheless, on June 16, 2016, the Defendant kept 7,151 points for sale, such as bags with a forged trademark in the shape, such as the trademark owner's trademark registration number 114458, at a 102 underground warehouse of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, for the purpose of selling a total of 7,151 points, such as bags with a forged trademark in the shape, such as the trademark owner's trademark registration number 114458 (registration number 11458).

Summary of Evidence

1. Statement by the defendant in court;

1. Each entry in a protocol of seizure of the person on June 16, 2016 and a list of seizure;

1. Images of the execution of a search and inspection warrant;

1. Entry in the investigation report (with respect to the registration of a trademark and the fixed value);

1. Application of Acts and subordinate statutes entered in the trademark registration ledger;

1. Article 93 of the Trademark Act (by registered trademark) regarding criminal facts and the selection of punishment;

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