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(영문) 울산지방법원 2015.06.24 2015고단919

상표법위반

Text

1. Defendant A, B, D, E, and F Defendant A shall be punished by imprisonment with prison labor for one year, Defendant B, D, and E, for eight months, and Defendant F.

Reasons

Punishment of the crime

1. Defendant A, Defendant B, and Defendant C’s joint criminal conduct (O) purchased a used mobile phone at the “O” office located in P 308 of the Busan Geum-gu N308, and then re-prefabricated the part of the victim’s registered mobile phone (registration number: 400817494000), which is the registered trademark of the victim, to be seen as a new product, by using the parts of the main cell phone similar to the product manufactured by the victim, and then distributing the same. Defendant B is a director in charge of the re-prefabricated of the mobile phone purchased and re-prefabricatedd from the above company; P is a director in charge of the aforementioned company’s business; Defendant C is an employee in charge of the remittance, inventory and management of the mobile phone purchase price at the above company; and Defendant C is an employee in charge of accounting, Q, R, and S is an employee in charge of the re-prefabricated of the mobile phone at the above company’s own expense.

No one shall sell, deliver, forge, imitate or possess a trademark identical with or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

Nevertheless, the Defendants purchased Samsung mobile phones at low prices because they need to be damaged by liquid damage, noise, force, repair, or replacement of parts from the mobile phone distributors in Busan, etc., and then re-prefabricated them to be seen similar to those of the new products made by the victim by means of replacing the parts manufactured by using heavy domestic parts similar to the refined mobile phones manufactured by the victim, such as liquid glass, interior, backer, camera, carmer, chargeer, etc., and then then sealed them into SSAM UNG, and then sealed them into 'SAP UNG', and then sealed them into the new products released at low prices along with the domestic mobile phone charging equipment and explanatory note.