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(영문) 인천지방법원 2017.03.30 2016고단8261

상표법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant concealed counterfeit goods in a container containing chemical powder in China and imported them into Korea, and C (the Defendant, on June 18, 2013, sentenced a two-year suspended sentence to imprisonment with labor for a violation of the Trademark Act at the Incheon District Court on the violation of the Trademark Act at the Incheon District Court on June 18, 2013) received delivery of counterfeit goods concealed in the container and intended to sell them to the merchants of the Seodaemun-gu market.

1. No person who violates the Trademark Act shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods;

Nevertheless, the Defendant, in collusion with C on June 25, 2012, imported a forged article 1,231, 1,485,00,000 won as indicated in the attached Table 1, such as the forged article registered under the trademark registration No. 070352 and the forged article No. 1, as indicated in the attached Table 1, in a designated device of Article 4 of the Incheon Customs Office, located in the Jung-gu Incheon Customs Office No. 7-dong 42, Jung-gu, Incheon, Jung-gu, Incheon, for the purpose of selling the forged article as indicated in the trademark registration No. 07035.

On July 3, 2012, the Defendant continuously imported 2,757 points, 2,241,800,000 won as listed in the attached Table 2, 30 points, such as the registration number of 03,30235 points on the sibage belt of the trademark right holder, which is located in Busan-dong 624, Nam-gu, Busan-dong 624, as designated goods, of Handbag on the sibage belt of the trademark right holder and the Handbag in the Korean Intellectual Property Office as the designated goods.

Accordingly, in collusion with C, the Defendant imported the amount equivalent to 3,988 points of counterfeit goods equivalent to 3,726,80,000 won of the market price of authentic goods and infringed the trademark rights of each trademark holder.

2. Where it is intended to import goods in violation of the Customs Act, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of a customs office

Nevertheless, the defendant is in C.

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