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(영문) 서울중앙지방법원 2017.04.27 2016고단9578

상표법위반

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

However, the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's registered trademark or any similar trademark is marked, even for a person of "2016 Highest 9578."

Defendant

A around 14:00 on September 22, 2016, around 14:00, a list of offenses committed in attached Form 61, including a day-to-day trademark (trademark 0118012) attached and marked on a passenger car operated by himself/herself at the Dongjak-gu Seoul Metropolitan Government FD parking lot.

1. A total of 269 points as indicated, and a total of 887,870,000 won of the market value of refined goods were kept for sale and infringing another person’s trademark right.

"2017 Highest 537"

1. A around July 4, 2016, Defendant A, at the underground warehouse located in Gwanak-gu, Seoul Special Metropolitan City, the list of crimes in attached Form A, including 1,285 bags affixed and marked with trademark (trademark 018012).

2. A total of 2,494 points as indicated, and total market value of 5,154,400,000 won was stored for sale, and thus infringing another person’s trademark right.

2. From the beginning of June 2015 to the end of July 2016, Defendant B sold 2 to the above A, etc. one day through the Internet, the Defendant violated another’s trademark right by selling 2-3 maternity bags, landmarks, etc. with a trademark attached and marked with an overseas well-known brand, such as Ruba, and Gu hazardous brand, at the Defendant’s house located in Seongbuk-gu Seoul Metropolitan Government H apartment operation 303.

3. From the end of January 2016 to July 27, 2016, Defendant C sold one-half of one-half of one another’s trademark rights per day to the above A, etc. via the Internet, a well-known brand trademark on which the trademark of a well-known brand, such as Ruba and Gu wastes, is attached and marked, at the Defendant’s house located in Seongbuk-gu Seoul, Seongbuk-gu Seoul.

Summary of Evidence

"2016 Highest 9578"

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Scenic photographs;

1. A protocol of seizure and a list of seizure;

1. A statement of opinions on appraisal of seized articles;

1. Original Register of Trademark Registration: "2017 Highest 537";

1. Defendants’ legal statement

1. Each of the Defendants’ names.