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(영문) 울산지방법원 2014.10.30 2014고단1652

상표법위반

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On October 25, 2013, Defendant A, via the Internet following the Defendant’s management (www.daum.ne.) carpet, sold one wall attached with a trademark identical or similar to the Defendant B, and infringed on the victim’s trademark right, from that time to November 30, 2013, in total, at least 16 times in total, consisting of the 43 authentic goods attached with a trademark identical or similar to the victim’s 11 registered trademark, and the total market price of goods attached with a trademark equivalent to 26,643,00 won per each victim’s trademark right was infringed upon each victim’s trademark right by selling each victim’s trademark to the Defendant B.

2. On October 25, 2013, Defendant B: (a) sold one wall attached with a registered trademark “luxed lux”, which is a registered trademark of “luxed lux” ( trademark registration number: No. 109060) of the victim’s “luxed lux belt” (hereinafter “luxed luxed luxed lux”) purchased from Defendant A from the Defendant on October 25, 2013; and (b) sold to customers around that time and infringed on the victim’s trademark rights; and (c) from that time up to November 30, 2013, as shown in attached Table 11 attached hereto, the total sales price of the goods attached with a forged trademark identical or similar to or similar to the victim eight enterprises’s registered trademark was totaled to KRW 5,807,000,000 for each customer around that time, thereby infringing on the victim’

Summary of Evidence

1. Defendants’ respective legal statements

1. Details of purchase, receipt books, details of transactions, etc., confirmation of the results of transfer, details of account transactions, etc.;

1. The application of Acts and subordinate statutes of each fixed sale price and each original trademark register;

1. Article 93 of the Trademark Act as to the facts constituting an offense

1. The defendant A: The defendant B who is the subject of imprisonment with prison labor: the decision of fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Article 70 of the Criminal Code is to be applied to detention in a workhouse (Defendant B).