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(영문) 서울동부지방법원 2014.05.28 2014고단82

상표법위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A has been engaged in the production and distribution of a bank in Gwangjin-gu Seoul Special Metropolitan City E, from 2004, and from 2000, Defendant B created a liquid metal decoration attached to women's handbags, wallets, etc. in the name of "G" at the Guri-si F plant from 2000.

1. Co-defendants of the Defendants were aware of each other in around 207 while working in the forged product industry, and have traded counterfeit metal decoration from that time.

Defendant

A around November 2013 and December 2013, in the same shape as “MM” (trademark registration No. 151376), which is the registered trademark of “MMM Holdings”, in Gwangjin-gu Seoul Special Metropolitan City, ordered Defendant B to put a forged trademark of the same shape as “MM” (trademark registration No. 46411), including a metal decoration, in which a trademark of the same shape as “MM” (trademark registration No. 46411), was inscribed.

Defendant

B during the above period, Defendant A manufactured counterfeit “MM”, “Meart C&T”, and “MM”, “MM”, and “MM” (10-15 metal type per kilogram) at the above factory, and supplied them to A.

Defendant

A, as above, kept a forged metal decoration supplied by Defendant B, and sold it to a person whose name is unknown.

As a result, the Defendants conspired to infringe on each trademark right.

2. The sole criminal conduct of Defendant A;

A. From November 201 to April 2013, the Defendant purchased from suppliers whose name is not known in the E-mail in Seoul Special Metropolitan City Gwangjin-gu, or infringed upon each trademark right by selling 1,30,000 won per store (No. 466411), “MCM (No. 148830)” which was manufactured with H from June 201 to September 2012, 19, “MCM” (No. 14830), “MM” (No. 466411 of the trademark registration number), “MM” which was manufactured with H, “MM” (No. 316913 of the trademark registration number).

(b).