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(영문) 대구지방법원 서부지원 2015.03.06 2014고단1865
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 actually operates a clothing wholesale and retail business with the trade name of “E” (F prior to the change) from 1009, three commercial buildings in the D market 4 district in Daegu Jung-gu.

No person shall possess, for the purpose of transfer or delivery, goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, without due authority to use the trademark.

Nevertheless, around July 2, 2014, the Defendant: (a) around July 2, 2014, as shown in attached Table 1, carried out 1,401 points, such as the blackout cover, etc. on which a trademark identical to the trademark registered with the Korean Intellectual Property Office by the victim, is attached to the "E" store; and (b) 212 points such as the blackout cover, etc. on which a trademark identical to the trademark registered with the trademark registered with the Korean Intellectual Property Office is attached to the 109 warehouse of Daegu Jung-gu, Daegu-gu, as shown in attached Table 2; and (c) as shown in attached Table 3 of Crimes List 202, the Defendant carried out the transfer of 677 points such as the blackout cover, etc. attached with the trademark attached with the same trademark as the trademark registered with the Korean Intellectual Property Office by the victim, to KRW 5,586,760,00 won of the fixed goods, such as the total 2,290.

Accordingly, the defendant infringed the victims' trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. Records of seizure and the list of seizure;

1. The original trademark register;

1. Application of Acts and subordinate statutes to an appraisal report on any seized intellectual property right;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectiveness, initial crime, and seizure of all infringed articles);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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