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(영문) 서울서부지방법원 2014.04.04 2014고단156
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

Nevertheless, around 16:16 on June 5, 2013, the Defendant: “The 2nd 1st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3rd 1st 2nd 2nd 3rd 1st 1997,” which was registered with the victim’s “B 1st 1st 2nd 1st 1st 2nd 3th 2nd 2nd 2nd 1997,” which was registered with the victim’s “the victim’s 3rd 2nd 1st 1st 2nd 2nd 3th 2nd 2nd 197,” which was registered with the victim’s “the victim’s 1st 2nd 3rd 1st 2nd 1st 30th 1st 5th 197,” which was registered with the victim’s “the victim’s 1st 2nd 30th 1st 195th 2nd 30.”.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Each report on investigation;

1. Each photograph;

1. The original trademark register;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 93 of the Trademark Act applicable to facts constituting an offense and Article 93 of the Selection of Punishment (to be comprehensively applied to each registered trademark) of the Trademark Act;

1. Article 62(1) of the Criminal Act provides that the defendant shall be punished by a fine of the same kind five times, but shall be sentenced to suspended execution.

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