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(영문) 서울동부지방법원 2015.08.28 2015고단2147

상표법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. At around 18:00 on February 19, 2013, the Defendant infringed on the trademark right by keeping the registered trademark “LOUIS VUITON” (No. 059471 of the trademark registration number), the registered trademark of “LOUIS VUITON” (LaS No. 059471 of the trademark registration number), and the total of half-finished products with the same shape as the registered trademark, for sale in the factory warehouse managed by Jung-gu Seoul, Jung-gu, Seoul, and one story type 75 (131,200,000 won at the estimated product price) and the above forged trademark.

2. Defendant B

A. The Defendant violated the Trademark Act by keeping 11 points (26,100,000 won at the estimated price of the well-known goods) in total five kinds of five goods used by using a false trademark in the same shape as “LOIS VUITN” ( trademark registration number No. 059471), which is the registered trademark of the owner of the trademark right, for the purpose of selling at the time and place indicated in paragraph (1), as well as 7 points (10,50,000 won at the estimated price of the well-known goods), as indicated in the attached list of crimes.

B. At the above date, the Defendant provided a factory warehouse mentioned in Paragraph 1, which is managed by the Defendant, so that a trademark of “LOUS VUITN” is attached, and 164 points for finished goods and semi-finished goods, and the aforementioned forged trademark can be kept at 75 points in metal paper, as described in Paragraph 1, which was owned by A for sale purposes.

Accordingly, the defendant assisted the infringement of trademark rights A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Investigation report (report on confirmation of the current price of goods estimated);

1. Each control certificate and each detailed inquiry table for the registration of trademark rights;

1. Application of Acts and subordinate statutes to photographs and household effects photographs of control sites;

1. Article 93 of the Trademark Act - Defendant A: Imprisonment with prison labor; Article 93 of the Trademark Act; Article 93 of the Trademark Act; Article 93 of the Trademark Act; Article 32(1) of the Criminal Act; Article 32(1) of the Criminal Act; and Articles 32(1) of the Criminal Act

1. Assistance and mitigation - Defendant B.