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(영문) 부산지방법원 2017.08.24 2017고단1653

상표법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates an online store called “E”, “E”, and “E”, “E”, in Geum-gu, Busan.

No person shall transfer or deliver goods identical with or similar to designated goods bearing another person's registered trademark or any other trademark similar thereto, or possess, exhibit, export or import such goods for such purpose.

1. At around 14:20 on November 29, 2016, the Defendant, who received supply from an intermediate supplier at the above “E” shop, was tried to transfer or deliver a total of 45 points (34,375,000 won at the fixed price) as shown in the attached Table (I), such as the 32 points on which the trademark is attached, registered with the Korean Intellectual Property Office under Article 0024637, at the Korean Intellectual Property Office.

2. On November 15, 2015, the Defendant transferred a total of 2,487 points (2,629,000 won at a fixed price) as shown in the attached Table (II) from around November 15, 2017, including that the Defendant sold to the Korean Intellectual Property Office for KRW 39,000, any one of the arms with a similar trademark registered under Article 0589405, and that the Defendant sold to the Korean Intellectual Property Office for KRW 39,00, a similar trademark, from around that time, to January 8, 2017, the Defendant transferred a total of 2,487 points (48,629,000 won at a fixed price) as shown in the attached Table (II).

Accordingly, the defendant infringed the trademark rights of the above trademark right holders.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of sales, investigation reports (as to whether a trademark is registered), investigation reports (as to the principal of sales details), replys No. 2392 requesting cooperation in investigation, investigation reports (as to calculation of the amount of trademark infringement);

1. Investigation report (as to the result of crackdown), voluntary submission, protocol of seizure, investigation report (as to correction of the quantity of seized articles and the re-preparation of the list of seized articles), and photograph of seized articles;

1. Application of Acts and subordinate statutes to information and appraisal reports;

1. Article 230 of the Trademark Act concerning facts constituting an offense (the fact of infringement of trademark rights, inclusive, by registered trademark);

1. Trade name;

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