beta
(영문) 대구지방법원 김천지원 2013.04.10 2013고단103

상표법위반등

Text

Defendant

A Imprisonment of 10 months, Defendant B and C shall be sentenced to six months, and Defendant D shall be punished by a fine of 10,00,000 won.

Reasons

Punishment of the crime

1. Defendants A, B, and C

A. The Defendants in violation of the Trademark Act and the Unfair Competition Prevention and Trade Secret Protection Act agreed to enter the golf products forged in the trademark with E, etc. to sell them in the Republic of Korea using the Internet camera, etc. with China. Defendant A, as a director of the old-si D Co., Ltd., in substance operating the said company, has overall control over the sales of golf products, such as the importation of golf products forged in the trademark while operating the said company. Defendant B is an employee of the above D Co., Ltd., in charge of counseling on the sales of golf products, financing management, book keeping, etc., and E and Defendant C purchased golf products forged in the Chinese corporation established by the said D Co., Ltd., as an employee of F Co., Ltd., a local corporation of China established by the said D Co., Ltd., and carried them into the Republic of Korea through the small trade market (one named “so-called “so-called trade”).

Accordingly, on June 201, E purchased 2 set of golf clubs that were forged as a "maruman" registered by the victim's floor network corporation at a place where it was unaware of the specific place in China's danger and injury, and carried in the Republic of Korea through a small trade market (so-called "so-called "Maruman"), and Defendant A, Defendant A, and Defendant B around that time, sold golf products carried in at the above D office of the said D office with an Internet camera amounting to 700,000 won, thereby infringing on the trademark rights of others and causing confusion with others.

In addition, the Defendants, Defendant A and Defendant B, from around that time to around September 10, 2012, and Defendant C, from around that time to July 2012, and from around August 1, 2012 to around September 10, 2012, share the above role of golf products forged with trademark value of KRW 197,276,907 in total in the market price of 1,024 times as shown in the annexed crime sight table.