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(영문) 광주지방법원 2018.11.30 2018고단3890

상표법위반

Text

A defendant shall be punished by imprisonment for one year.

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

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

Nevertheless, the Defendant, on July 31, 2014, operated a false product shopping mall in the name of “B” from SNS, around July 31, 2014, the Defendant sold a false product via the above shopping mall with the name of “B”, and on July 27, 2001, the Defendant: (a) sold a false product with the trademark registration number No. 498489, “chlots” or similar trademark registered with the Korean Intellectual Property Office on July 27, 2001; (b) one mlots (the market price is equivalent to 380,000,000) indicated on the trademark registration number No. 3, 1 through 3,173; (c) sold forged products with the trademark registration number No. 2, 1 through 3,173, 200, or 37, 107, 310, 37, 315, 47, 2017.

Accordingly, the Defendant violated the trademark rights of each trademark holder by selling or keeping 3,735 counterfeit goods (a total of 3,118,620,162 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of forged or falsified goods);

1. The original register of trademark registration as a result of an appraisal reply;

1. Information on the Kakao Kakao story, and letters posted on the Kakao story sales;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Articles 230 and 230 of the Trademark Act concerning facts constituting an offense (each. hereinafter.)

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