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(영문) 서울동부지방법원 2017.08.24 2017고단1972
상표법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who operates the "C", which is a manufacturing factory of clothing in Gwangjin-gu, Seoul, and the first basement.

On April 21, 2016, the Defendant, at the request of the sales agent of the clothing at the above factory, manufactured the 2,180 clothing 2,180 marks (140,425,000 won at the market price of refined goods) attached with a false trademark registered with the Korean Intellectual Property Office (No. 0021267 and No. 0450686) as the trademark registered with the Korean Intellectual Property Office, as well as the titts with the same shape of forged trademark attached, from April 21, 2016 to December 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (Attachment to the original register of trademark registration), investigation reports (Attachment to data on prices of authentic commodities related to seized articles, etc.), and investigation reports (Report on the calculation of additional collection charges);

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

1. Copy of details of transaction, and receipt;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions and Article 93 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter referred to as "the former Trademark Act") (wholly amended by Act No. 14033, Feb. 29, 201); each of the aforementioned Article 230 of the Trademark Act (hereinafter referred to as "the former Trademark Act") on criminal facts;

C. B. The infringement of the trademark right of B. B., the infringement of the trademark right of A. D. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W. and each registered trademark are punished by imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 236(1) of the Trademark Act that is confiscated;

1. The reason for sentencing under Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Additional Collection [the scope of a recommendation] The act of infringing on registration rights is considered to be a kind 1 (the act of infringing on registration rights) and a basic area (10-2 years) (the decision of a sentence] [the decision of a sentence] unfavorable: A favorable circumstance such as the fact that the trademark infringement period is not short and the number of products manufactured by infringing on the trademark right is not certain: this case.

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