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(영문) 인천지방법원 2018.03.22 2018고단917

상표법위반등

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 4,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

On November 15, 2017, A was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for a crime of violating the Punishment of Tax Evaders Act at the Incheon District Court on November 15, 2017, and the above judgment was finalized on November 23, 2017.

1. Defendant A

A. On September 2, 2017, the Defendant violated the Customs Act: (a) brought in the designated device of Incheon Port No. 3 located in Jung-gu Incheon, Jung-gu, Incheon, through the “E” type of crime (Customs Act) to the head of the customs office, and then tried to import the cargo (cargo valueing to KRW 6,510,00) with the indication of “BAG, FABRIC, and JACKT” without the identity of the description of the cargo when filing an import declaration as to the cargo; and (b) tried to import the cargo without any further filing an import declaration with the head of the customs office, stating that the cargo is “BAG, FACRIC, and JACKT”.

(b) No trademark identical or similar to another person's registered trademark in violation of the Trademark Act shall be indicated on goods identical or similar to the designated goods, nor shall the trademark be transferred or delivered, or exhibited, exported or imported for the purpose of transfer or delivery;

Nevertheless, on September 22, 2017, the Defendant brought in the designation device of the Incheon Port 3 located in the port Dong-dong, Jung-gu, Incheon, and infringed the trademark right of the trademark holder by bringing in the trademark right holder's visibility and 939 points of visibility with a trademark similar to the trademark registered (registration number: No. 006846) to the Korean Intellectual Property Office (registration number: No. 006) as indicated in the attached crime list (Trademark No. 06), such as the forged text 10 points on which a forged trademark is attached, as indicated in the attached crime list of 10 points of sight.

2. The defendant B is a corporation established to export food and household items, such as taxation, and import new domestic products and clothing and sell them to Korea. The representative director of the defendant A is the date and time as provided in paragraph 1.