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(영문) 서울동부지방법원 2015.07.22 2014고단3820

상표법위반

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of ten months.

on the part of the defendant B.

Reasons

Punishment of the crime

On November 1, 2013, Defendant A was sentenced to imprisonment with prison labor for a violation of the Trademark Act by the Gwangju District Court on October 1, 2013, and the judgment became final and conclusive on November 9, 2013.

Criminal facts

Defendant

A is the actual operator of the Internet shopping mall that sells trademark misappropriation, etc., and Defendant B, F, and G are the operators of the Internet shopping mall in return for a certain amount of money from Defendant A, borrowed the name of the operator of the Internet shopping mall, received monthly pay, and performed the work of managing the site.

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark of another person for goods identical with or similar to the designated goods, or possess goods identical with or similar to the designated goods bearing the registered trademark of another person for transfer

Nevertheless, Defendant A, along with Defendant B, F, and G, opened an Internet shopping mall that sells the misappropriation of trademark, etc. using the name, and Defendant A, intended to take charge of fund management, purchase of fakes, etc., Defendant B, F, and G to take charge of receiving order telephone, site management, and delivery of door-to-door, etc., and attempted to sell various kinds of clothing attached with trademarks, such as fake paintings, Nos. Span, and Copi, purchased in the East capital market.

1. Defendants A and B’s co-principal defendants operate the Internet shopping mall office at H and II from August 21, 2014 to October 15, 2014 at the Government of the Republic of Korea from around H and II, and sell various clothing attached with a trademark, such as black field, Nos. Spanish, co-pi, trade harassment, trade trade, and sporo, during the above period, and attach a false trademark of 33,309,400 won more than 717 times as shown in attached Table 1, as shown in attached Table 2, through K, each category of clothing attached with a trademark of 65,88,300 won more than 1,311 times, as shown in attached Table 2.

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