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(영문) 부산지방법원 2018.05.17 2017고단5355

상표법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 is the representative of “D” on the Southern-gu Busan Metropolitan City 1st floor, who is engaged in the business of manufacturing motor vehicle parts.

1. No person who violates the Trademark Act shall transfer or deliver to another person any product identical with or similar to the designated product bearing another person's registered trademark or any similar trademark without the right to use such trademark, or import or export such product for such purpose;

Nevertheless, around July 25, 2015, the Defendant imported 1,590 forged goods, such as 1,590 items (a total market value of 754,351,444 won), which were forged, including 1,590 items (a total market value of 754,351,444 won), using an international special mail from a vehicle parts company (E Co., Ltd.) located in China, using an international mail, from the foregoing D office. From that time to July 4, 2017, the Defendant imported 1,590 items (a total market value of 754,351,444 won).

On August 10, 2015, the Defendant sold 1,407 counterfeit goods (a total market value of 705,180,885 won) including 1,392 counterfeit goods (a total of 705,180,885 won) from around that time to July 20, 2017, which were imported in the above D office, to buyers (F) with Denmark 5.99. Around that time, the Defendant sold 1,407 counterfeit goods (a total of 705,180,885 won) that were imported as above.

As a result, the Defendant infringed the trademark right registered with the Korean Intellectual Property Office (Trademark No. 0177534) by using the “Sari-do Shari Lyn Lyn Lyn Lyn Lyn Lyn Lyn Lyn 85045 A. S. Tyn S. as designated goods.

2. On July 25, 2015, the Defendant, via the Incheon International Airport Customs Office, imported one motor vehicle parts company (E Co., Ltd.) located in the pertinent China from “RS4” motor vehicle parts (E Co., Ltd.) for the purpose of sale (the cost of goods KRW 5,640) and imported one (the cost of goods) to be set up (the cost of goods 5,640 won) for the purpose of sale (the international special transmission number G), “sargs” or “futuress”.

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