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(영문) 서울북부지방법원 2013.09.04 2013고단1055

상표법위반

Text

Defendants A shall be punished by a fine of KRW 5,000,00 and a fine of KRW 2,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person operating a "F" store on the first floor of the Seoul Jung-gu E building, and Defendant B, as an employee of the above store, sought a bank, etc. with a forged trademark attached by Defendant A, Defendant B intended to sell it to Japanese tourists.

On March 19, 2013, the Defendants conspired to keep the forged goods of 134 points in total (149,900,000 won in total) as shown in the list of crimes in the attached Table, such as walletss manufactured by forging the excreta (trademark registration number: 40059471000) registered with the Korean Intellectual Property Office (hereinafter referred to as the “Korea Intellectual Property Office”) and infringed on the trademark rights of the trademark right holders by engaging in the act of selling forged goods.

Summary of Evidence

1. Defendants’ respective legal statements

1. Seizure records;

1. 루이비통말레띠에 상표 정보, 샤넬 상표 정보, 해르메스 앵떼르나씨오날 상표 정보, 보테가베네타에스.피.에이. 상표 정보 법령의 적용

1. Defendants of the pertinent legal provisions concerning criminal facts: Article 93 of the Trademark Act and Article 30 of the Criminal Act (inclusive of each registered trademark)

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 97-2 (1) of the Trademark Act;

1. Defendants of the provisional payment order: The sentencing reasons of Article 334(1) of the Criminal Procedure Act recognize all the crimes of this case and repents, the market price of the goods kept by the Defendants, the roles and records of the Defendants in relation to the crimes of this case (the Defendants A did not have the same kind of power, and Defendant B had the same kind of power) shall be determined as ordered by a comprehensive consideration.