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(영문) 인천지방법원 2015.08.19 2015고단3935

상표법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of a "C company" of an importing company that imported strings, such as water gun and block, from China while residing in Gangnam-gu Seoul Metropolitan Government B, and sells them to domestic wholesalers.

1. No person who violates the Trademark Act shall use a trademark identical with the registered trademark of another person on goods similar to the designated goods without legitimate authority;

Nevertheless, in the name of "C company (business number: D) operated by the Defendant, purchased a trademark "IRON MN" from the U.S. in the name of "C company (business number)", 24,000, which was manufactured by using "IRON" without permission. On March 16, 2015, the Defendant shipped the trademark to the NOEL, which was entered in China's business on March 16, 2015, to the first designated storage place in the Incheon Customs Office, and was discovered during the process of cargo analysis and management of the cargo in the Incheon Customs Information.

As a result, the Defendant imported a forged trademark registration number “IRN” registered with the Korean Intellectual Property Office as a designated product under the U.S. “Mab character, Corp,” and a trademark registration number No. 0027311, for the purpose of selling goods worth KRW 5,320,00 at a genuine product market price to domestic complete wholesalers, etc., thereby infringing another’s trademark right.

2. No person who violates the Copyright Act shall reproduce, perform publicly, exhibit, distribute, lend, or produce derivative works another person's author's property right without due authority;

Nevertheless, the Defendant purchased at 14,00,00 Aar Manbio Ba, which was a copyright of the U.S. “Recination” in the name of “C Company (Business Numbers: D) operated by it, from China, all or some of the Scination equipment in China, and shipped to the NAL, which entered China’s Republic of Korea on March 16, 2015, for sale in the Republic of Korea, the Defendant loaded to the NAL as a cargo management number E (F).

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