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(영문) 부산지방법원 2017.09.28 2017고단2797

상표법위반

Text

1. Defendant A shall be punished by imprisonment for eight months.

Seized evidence 47 shall be confiscated.

2. Defendant B. The defendant

Reasons

Punishment of the crime

[criminal record] On February 5, 2015, Defendant A was sentenced to a suspended sentence of ten months for a violation of the Trademark Act by the Busan District Court on October 2015, and the said judgment became final and conclusive on February 13, 2015, and is currently under the suspended sentence.

[Criminal facts]

1. Defendant A and E’s joint crime committed by Defendant A operate a store with the trade name “G” located in the Busan Jung-gu, Busan. Defendant A is a person specializing in selling overseas well-known brand mother visibility, and Party E (former summary indictment on May 31, 2017) is a child of Defendant A.

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

Defendant

A, in collusion with E, from February 2015 to February 3, 2016, from the foregoing “G” to the said “G,” the company: (a) sold 35 points of visibility attached with a trademark similar to “CATRIER” (CA No. 028481); (b) around February 3, 2016, the company: (c) sold 35 points of visibility attached with a trademark similar to the trademark registered by eight trademark holders, such as a one-time list (a total of KRW 85,40,00,000; and (d) the trademark registration number of 200,000 won and similar to the trademark registration number of 30,000,000,000 won and similar to the trademark registered by the said trademark holders to the Korean Intellectual Property Office; and (d) the trademark registration number of 20,000 won and similar to the trademark registration number of 30,000 won and similar to the trademark registration number of 284,00.

As a result, Defendant A and E conspiredd with each other to infringe on the trademark rights of the above trademark right holders.

2. Defendant B, at around 16:30 on February 3, 2016, from “I” store located in Busan Jung-gu, Busan, to “G” store for the purpose of sale and possession for the purpose of selling 5 points from “G” under the preceding paragraph, as well as the name of 22 persons, such as the part of [Attachment] list of crimes.

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