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(영문) 서울중앙지방법원 2015.04.09 2015고단869
상표법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of eight million won for a violation of the Trademark Act by the Seoul Eastern District Court on January 11, 2005 and was punished for the same crime from that time to January 14, 2014.

Criminal facts

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

Nevertheless, at around 15:30 on September 7, 2014, the Defendant violated the trademark rights of each owner of the trademark right by holding 19 pieces of counterfeit goods for sale, as shown in the attached list of crimes, including holding 2 halfets that forged the trademark (registration number: No. 648019) registered with the Korean Intellectual Property Office at the front of Yongsan-gu Seoul, Yongsan-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. A written appraisal;

1. The original trademark register;

1. A statement on criminal records, etc.;

1. Application of a copy of each summary order and a copy of the judgment; and

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. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The defendant for reasons for sentencing under Article 97-2(1) of the Trademark Act is a person who carries on the left-on business in B.

Although the amount of forged goods possessed for the purpose of sale in this case is large, the execution of imprisonment is suspended on condition of probation, taking into account the fact that the person had been punished five times or more due to the same type of crime, despite the fact that the person had committed a second offense.

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