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(영문) 대구지방법원 2013.08.29 2013고정1877

상표법위반등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall carry goods identical with or similar to the designated goods on which another person’s registered trademark or any other trademark similar thereto is used for transferring or delivering them, and acquire, transfer, transport, keep, mediate or appraise, without filing a report thereon with the customs house.

Nevertheless, when the defendant imported and delivered counterfeit goods that he manufactured from the operator of the B site in an irregular manner to the Republic of China, the defendant agreed to deliver and deliver the counterfeit goods to domestic buyers and receive 3,000 won worth of 3,00 won per the door-to-door box he sent.

On February 3, 2012, the Defendant, without filing a report with the customs office in Daegu Northern-gu building 202, the Defendant: (a) held and kept one card bags using a trademark similar to the “LOUIS VITON” registered by the Defendant; and (b) possessed and kept the same from August 20, 2012 to August 20, 2012, in order to deliver to the unspecified majority, the Defendant, as indicated in the attached list of crimes, possessed 260,392,00 won (the market price of products 2,120,638,877 won) equivalent to 1,443 won (the market price of products 2,120,638,877 won) at the market price using the trademark, such as luxa, si, and Emers, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Each investigation report;

1. A written accusation;

1. Each protocol of seizure and each list of seizure;

1. A copy of the Korea Transportation Network;

1. A written appraisal of confirmation of forged goods by trademark right holder;

1. Details of principal entry by seizure account, details of calculation of the market price of goods by trademark (products), written request for appraisal by actual market price, materials for replies, and the register of trademarks;

1. A-related cameras, the details of deposits and withdrawals, and the details of delivery of forged products A;

1. Sale details of forged goods: 145 copies, and four copies of a domestic delivery-type delivery-type delivery-type invoice of counterfeit goods;

1. The suspect screen, the suspect site delivery and domain name.