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(영문) 대전지방법원 2014.11.27 2013노2785
상표법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of a fine (1.5 million won, confiscation) imposed by the prosecutor by the court below is unreasonable as it is excessively unhutiled.

B. (1) Defendant (1) misjudgmenting the facts of this case, the Defendant: (a) entered into a contract with Norway, the owner of the trademark right, on the part of the E company that sold the baby of this case; and (b) undergo sufficient verification procedures, such as hearing the opinion that the application for registration of domestic trademark was filed in Korea; and (c) making conversations with G in charge of the relevant duties; and (d) purchased the 165 baby of the baby of this case at a reasonable price; and (b) thus, the Defendant guilty of the facts charged of this case without the intention of violating the Trademark Act.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court is just and acceptable to have convicted the Defendant of the facts charged in this case.

E consists of English and Chinese characters, and according to the Defendant’s argument, the Defendant confirmed that the content of the contract is not problematic through the Chinese name, H, who is intending to make Korean language due to lack of interpretation ability in a foreign language, and entered into an oral contract at the site. Even according to the contract, the contracting party of Norway, which produces the Stonbbb, is the Habian, and the Defendant purchased the goods, is E, and the Defendant is the company that purchases the goods, and the Defendant is also E, without demanding any document or objective material to prove that the E is the same company or agency as the Habian and E, the Habian is the same company as the Habian.

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