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(영문) 서울중앙지방법원 2014.08.07 2014고단4113

상표법위반

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 through 23, 26, and 27 shall be confiscated.

Reasons

Punishment of the crime

The Defendant used three-story storages underground in Seoul Jung-gu, Seoul, and carried out clothing wholesale business under the trade name “E” in 202, 203 of the “D” building 202, and 203.

From December 17, 2013 to February 12, 2014, the Defendant sold 912 fake goods with five kinds of trademarks forged (1,768,820,000 won) to many unspecified retailers, and sold 912 fake goods with five categories of trademarks forged (1,768,820,000 won at the fixed price of goods) to be kept at will by a trademark holder, as described in attached Table 2, at the place where the trademark holder voluntarily attached 373777, which was registered as a trademark (registration number No. 0377) with the trademark named as the trademark holder’s designated goods, and at around February 13, 2014, the Defendant arbitrarily kept 300,360,360,40,500 won and 3660,500,000 won and 20,000 won and 360,000,00 won and 360,000.

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F, G, and H;

1. A copy of the police seizure records and the general list of seized articles;

1. A report on the appraisal of seized intellectual property rights;

1. Twelve copies of the trademark register; and

1. Photographs of the control site, statement of unit price of customers, photographs of goods, details of account transactions, and sales place;

1. Each investigation report (the date of confirmation and report on the place of sale stored in the USB; the date of confirmation and report on the place of sale of a monre product recorded in the place of sale; the details of the product - the photograph, photograph, and the price of the product)

1. Article 93 of the Trademark Act governing the facts constituting an offense and Article 93 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as prescribed by the Trademark Act against the heavier mong S.R.L.)

1. Nos. 24 and 25 of the certificate of seizure under Article 97-2 of the Trademark Act shall be a copy of the official document prepared by the Jung-gu Seoul Metropolitan Government Office and counterfeit goods D.