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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
The defendant is a person who operates C in the second floor in Silung-si, B, and sells miscellaneous and malicious stories.
A trademark identical with another person's registered trademark shall not be used for goods similar to the designated goods, and a trademark similar to another person's registered trademark shall not be used for goods identical with or similar to the designated goods, and shall not be possessed for the purpose of transferring or delivering goods identical with or similar to the designated goods on which another person'
Nevertheless, on August 9, 2015, the Defendant, “D,” which is a warehouse for Incheon Port, committed an infringement on the trademark right by holding the trademark for the purpose of transferring 2,00 points of the earphone 2,00, which attached the forged trademark on the trademark “Tone U.S.” (registration number: 0175911) registered with the Korean Intellectual Property Office by Lone Corporation from China, and by holding the trademark right for the purpose of transferring 4 kinds 8,807 points of the phone, following the attachment of the trademark right of Lone U.S., from the time to December 30, 2015, as indicated in the attached crime list.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A protocol of seizure and a list of seizure;
1. Request for accusation (transfer), report on detection of knowledge-based property rights violations, inspection plans and results reports, the authenticity of a trademark right holder's truth as to whether the goods are true, seven copies of the import declaration of this case, and the application of statutes on the import declaration;
1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts (Options of imprisonment);
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 community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 97-2(1) of the Trademark Act for sentencing [the scope of recommending] the act of infringing on the right to registration (the act of infringing on the right to registration). There is no basic area (10 months to 2 years) (the person subject to special sentencing) (the decision of sentencing] [10 months] and suspended sentence.