beta
(영문) 대구지방법원 2012.09.12 2012고정2334

상표법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who resides in Daegu Suwon-gu B and operates an Internet shopping mall called "C".

No one may infringe another person's trademark by importing or selling goods identical or similar to another person's trademark registered with the Korean Intellectual Property Office.

Nevertheless, on August 10, 2010, the Defendant: (a) registered a business operator under the name of Kenya and operated the “C”; (b) sold Chinese Internet wholesale site “E” and “F, and (c) sold Chinese Internet shopping mall wholesalers at home by means of packing and delivering them again to domestic buyers; (c) between October 26, 201 and October 14, 201, as indicated in the attached Table 1. (including the details of infringement) as shown in the attached Table 1. (c) as the content of the crime committed during the period from October 26, 2010 to October 14, 201, the Defendant: (d) imported goods equivalent to KRW 63,100,00 (sale price, KRW 31,477,710) at the authentic market price, thereby infringing on the trademark registration number of the Korea Intellectual Property Office (Korea Intellectual Property Office 204: Da274,710).

2. 위 기간 동안에 별지 범죄일람표 2.(침해내역포함) 기재내용과 같이 위조 샤넬 수영복 2점 등 각종 위조 상표의 의류 68점, 진정상품시가 22,888,897원(구입가격 813,000원) 상당에 대하여 프랑스 ‘샤넬’사가 수영복 등을 지정상품으로 하여 우리나라 특허청에 상표등록(등록번호 : 0055592호)한 'CHANEL‘ 상표의 상표권 등을 침해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. A photograph of a closure on each Internet screen;

1. The original trademark register;

1. Details of the seized forged or falsified appraisal;

1. Details on the appraisal of forged trademark;

1. Details of the purchase of forged goods;

1. Application of Acts and subordinate statutes on sales of forged goods;

1. Criminal facts;