logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.01.14 2015고정648
상표법위반
Text

The sentence of sentence against the defendant shall be suspended.

It shall be confiscated as provided in subparagraphs 1 through 13 of this Article.

Reasons

Punishment of the crime

The Defendant is a person who engages in the business of selling musical and miscellaneous services with the trade name of “C” from the 1st floor of the Gu and America.

At around 18:40 on October 12, 2015, the Defendant: (a) purchased from the injured party the trademark registered under No. 0059471 to the Korean Intellectual Property Office on the part of the damaged party, and exhibited and sold, on October 10, 2015, four parts of the former hazardous products, including three points produced by stealing the trademark registered under No. 0070352 from the victim’s “the former hazardous products”, as well as nine points produced by stealing the trademark registered under No. 0070352 from the Korean Intellectual Property Office; and (b) four parts of the former hazardous products, such as the list of crimes, from the old-gu Seoul Metropolitan City’s street market name and street store located in the Daegu Metropolitan City on October 10, 2015.

Accordingly, the Defendant infringed on the victim’s trademark rights and exclusive use rights of “Slue Ba Ba Ban” and “Gu Ban”.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of the detection site and the original register of trademark registration;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 93 of the Trademark Act and Article 93 of the same Act and the choice of fines for criminal facts;

1. The aggravated punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment provided for in the crime against a victim who has hotly caused rash damage in this part);

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

1. Article 59 (1) of the Criminal Act (see, e.g., the first offense, transaction price, health status, support relationship, reflective attitude, etc.) of the suspended sentence (see, e.g., a fine of one million won to be suspended of sentence; 100,000 won per day of attracting a

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

arrow