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(영문) 서울북부지방법원 2018.04.12 2017고단5200
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who engages in a household manufacturing business under the ground of the house located in Jung-gu Seoul Metropolitan Government.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

around 14:30 on May 29, 2017, the Defendant: (a) filed a request with the injured for the manufacture of a fake cM bags, and made it possible to manufacture the fake cM bags, and (b) filed a request with the Korean Intellectual Property Office, the Defendant, as indicated in the list of crimes in the attached Table, such as 90 bags using a trademark similar to the trademark of “l and V overlapping with the trademark” registered with the Korean Intellectual Property Office, using the designated goods as handbags, etc., and stored the subsidiary materials as indicated in the list of crimes in the attached list of crimes, such as 90 bags in which the trademark similar to the trademark of “MM” registered with the Korean Intellectual Property Office, is used. A trademark similar to the trademark of “MM” is stored in the Korean Intellectual Property Office, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the written appraisal opinion and the price list of authentic goods, and the original register of trademark registration;

1. Relevant legal provisions and Article 230 of the Trademark Act regarding criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 236(1) of the Trademark Act recognize and reflects the defendant's offense, and there is no record of the same punishment, and the fact that the defendant committed an offense to support his/her family under the circumstances of difficult home, and the defendant's age, sex, means of crime, and circumstances after the crime are considered, and the punishment as ordered is determined by taking into account all the various sentencing conditions specified in the records and trial process.

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