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(영문) 의정부지방법원 2016.07.01 2016고단1483

상표법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a business operator who sells bags with a forged trademark attached in the Dongdaemun market, etc.

1. In July 2015, the Defendant purchased 2 lubage bags (or equivalent to KRW 4 million at the estimated market price of refined goods) with a forged trademark on the lubage belt entered in the registration trademark list of the Korean Intellectual Property Office from C, which is a distributor of forged trademarks, for the purpose of selling lubage bags with a forged trademark on the lubage belt entered in the registration trademark list of the Korean Intellectual Property Office.

2. In July 2015, the Defendant purchased, from D, a temporary distributor of a forged trademark, one clater (an estimated market price equivalent to 1.2 million won) a clater with a clateral trademark attached to the registration trademark of the Korean Intellectual Property Office, at a clateral location, for sale.

3. 피고인은 2015년 9 월경 불상의 장소에서 위 제 1 항의 C로부터 특허청 등록 상표 내역에 기재된 샤넬 위조 상표가 부착된 샤넬 가방 1개( 정품 추정 시가 400만 원), 프라다 위조 상표가 부착된 프라다 가방 1개( 정품 추정 시가 180만 원 상당 )를 판매할 목적으로 구입하여 소 지하였다.

4. On November 12, 2015, the Defendant: (a) purchased three excreta bags with a forged trademark attached to the lubage belt on the lubage belt indicated in the trademark registration list of the Korean Intellectual Property Office from around 12, 2015 from around 10 to around 3, 2015; and (b) purchased three excreta bags for sale (or equivalent to six million won at the estimated market price of lubage).

5. On November 22, 2015, the Defendant purchased 10 excreta bags (an estimated market price of 20 million won) with a forged trademark attached to the luxbage belt entered in the trademark registration list of the Korean Intellectual Property Office from C of the foregoing paragraph (1) and filed a lawsuit for the purpose of selling 10 excreta bags (or 20 million won equivalent to the estimated market price of lubage).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning E in a copy of the protocol concerning the examination of suspect;

1. The investigation report (the confirmation report of the registered trademark), the original register of the registered trademark, the investigation report (the report attached to the control site photo), and photographs, and the investigation report (the identity of the cell phone subscriber used in this name "F").