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(영문) 전주지방법원 2014.10.23 2014고단1199
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

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 use in goods identical with or similar to the designated goods.

Nevertheless, around March 19, 2014, the Defendant infringed on the victim’s trademark right by carrying 740 points of a forged trademark attachment (the total market price of 52,662,30 won) for sale and distribution purposes, as shown in the attached list of crimes, such as 32 points on which a trademark similar to the black Track trademark (registration number No. 638535) registered by the victim Co., Ltd. is attached at the "D" at the Ysan-gu, Busan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure, lists and photographs of seized articles attached thereto;

1. Each investigation report and evidential materials attached thereto;

1. Application of the Acts and subordinate statutes governing the inspection of the national newspaper, inspection report, photographs of control sites and voluntarily presented articles, each trademark register, value calculation table, and the inspection of authentic things;

1. Article 93 of the Trademark Act as to facts constituting an offense (limited to each registered trademark);

1. Articles 40 and 50 (Mutual Violation of the Trademark Act) of the Commercial Competition Act;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act, although the nature of the crime is not weak in cases where the defendant was sentenced twice to a fine for the same kind of crime, the scale of the crime, motive for the crime, confession of the crime, and the current situation

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

1. It is so decided as per Disposition on the grounds of Article 97-2 (1) of the Trademark Act or more;

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