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(영문) 대구지방법원 2015.09.17 2015고단3350
상표법위반
Text

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

Reasons

Punishment of the crime

The Defendant, along with H, conspired to produce and distribute a fake product in a successive manner.

No one shall use a trademark identical with the registered trademark of another person on the designated goods or similar goods, or use a trademark similar to the registered trademark of another person on the designated goods or similar goods.

Nevertheless, on December 13, 2012, from around January 25, 2013 to around January 25, 2013, the Defendant, within a warehouse where the name located under the Z of the Masan-si, Changwon-si, Gyeongwon-si, in which it is difficult to know the name of the Republic of Korea purchased from the Masan-si Corporation, the Defendant, around that time, subdivided into 1 g or 500 g, and manufactured Ma by the so-called “fluor-si” method, which is the registered trademark of the company, with which it is difficult for the Defendant to know the name of the Republic of Korea, among those purchased from the Masan-si Corporation, which was located under the jurisdiction of the Masan-si, Changwon-si, Gyeongwon-si.

In the above manner, the Defendant manufactured “M” in which the total market price of KRW 428,922,00 is equivalent to the total market price of KRW 428,92,00,00, as shown in the attached List of Crimes.

Accordingly, the Defendant conspiredd with H et al. to infringe on the trademark right of the victim corporation.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police officer with H (second time) (35 pages of investigation records);

1. Application of Acts and subordinate statutes as a copy of a report of investigation (suspects' crimes and investigation);

1. The crime of this case is a typical infringement of trademark rights, which has been packed and sold as if it is a planned phase of a domestic famous company, and is a serious criminal that lacks the quality of the crime and undermines the people's trust in food safety, and the defendant has the trademark right of the same veterinary law.

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