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(영문) 부산지방법원 동부지원 2018.06.07 2018고단657
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C supplied a trademark to China from March 2016 to January 2018, and sold or stored a even corner of 3,601 points for sale, such as attached crime sight table (1), (2), and (3), from March 2016 to January 3, 2018, the Defendant received an even corner of 3,601 points in China between C and C, received the even corner visibility from Incheon to deliver it to C’s office or warehouse, and received a fee of 8,00 won per visibility, and “TAGHEUEE E. A. E., a trademark registered with the Korean Intellectual Property Office of Korea, and sold or kept a corner of 3,601 points for sale at around 10, 2016, and the Defendant issued and kept a charge for sale at around 180,000 for the purpose of sale at the same time as “TAGHEUEEE (Trademark No. 0146258)” under the trademark registration number 08).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 230 of the Trademark Act and Article 32 of the Criminal Act (Optional to Imprisonment) concerning facts constituting an offense;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

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. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation lies in the importation and sale of the Defendant, even even a corner, and thus, it is difficult to view that the Defendant only carried out transportation, and actively attempted. In light of the fact that the Defendant had already been detained for approximately two months, the sentence of imprisonment shall be imposed, and the execution of the sentence shall be suspended for a certain period of time.

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