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(영문) 대전지방법원 천안지원 2017.04.20 2017고정151
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 14, 2015 to June 27, 2016, the Defendant purchased forged mobile phone-related components near the bus terminal located in Yanandong-si, and sold them to the Korea Intellectual Property Office by entering in the Korea Intellectual Property Office a forged mobile phone pool box box, set box, set-off, set-off, earphone, and earphone, which were registered with the Korean Intellectual Property Office under No. 45-029798, with the name of "private department" registered with the Korean Intellectual Property Office under No. 45-029798, a forged trademark, such as a mobile phone charging, etc., 8,687, 29, 472,500, and 120,913,80, and 120,980,000 won in the market price of refined goods, as the crime committed against D and other transaction parties.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect (C);

1. List of customers;

1. Application of Acts and subordinate statutes to investigation reports (the result of distinguishing seized articles) and respective accompanying documents, investigation reports (verification of registration of trademark rights and confirmation of infringement of trademark rights), and respective accompanying documents;

1. Article 230 of the Trademark Act (integrated by registered trademark) and Article 230 of the same Act, respectively, on criminal facts;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination of the scale and method of infringement of trademark rights with reason for sentencing under Article 334(1) of the Criminal Procedure Act, profits earned from the instant crime, and the Defendant reported the purchasing place of trademark infringement goods to the police on May 28, 2016 and September 28, 2016, and reported the press to the police. The Defendant was issued a summary order of KRW 5 million due to the violation of the Trademark Act, and the Defendant’s family relation, property status, etc. are considered.

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