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(영문) 수원지방법원 2013.10.02 2013고단1775

상표법위반등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor of six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who, from November 2008 to November 29, 2012, operated a store in which a fake trademark is attached from 6th 206 of the F building in Seoul, Jung-gu, Seoul, and Defendant C is an employee employed by Defendant A from July 2012 to November 29, 2012, who worked at the above store as an employee during the day (10:30 to 19:30). Defendant B is a person employed by Defendant A from November 2008 to November 29, 2012 and worked at the night (19:30 on the following day) from the above store.

1. Defendant A and B’s joint criminal administration (Violation of the Trademark Act) intented to sell a fake trademark attached, and around November 22, 201, Defendant A and B sold the name of the owner of the trademark at the above store as indicated in the attached Table 1, including the sale of a forged trademark attached with the same or similar pattern “LOUS VUITON (registration number: No. 012539),” “PDRDA (registration number: No. 040466),” and “GUCCI (registration number: No. 0070352)” from the date indicated in the attached Table 1 to the sale of the fake name of the owner of the trademark at the above store (No. 16 points, including the sale of the fake name to a person with no knowledge of the name of 16 points, and the total sale of KRW 310,310,207).

As a result, the Defendants conspired to infringe upon the trademark rights of the above trademark right holders.

2. On November 29, 2012, at the above store around 20:20, the Defendants conspired to sell a fake trademark attached, and on November 29, 2012, at the above store, the Defendants kept 56 points in total (63,840,000 won in total) of a fake wall attached with a trademark identical or similar to the trademark “LOUS VUITN (registration number: No. 012539)”, a trademark holder’s registered trademark “LOUS VITON (registration number: No. 012539)” as indicated in attached Table 2, as well as 48 points in a fake wall attached with a forged trademark.

In this respect.

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