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(영문) 부산지방법원 2018.09.19 2018고단3258

상표법위반

Text

Defendant

A Imprisonment with prison labor of one year and two months, Defendant B imprisonment with prison labor of ten months, and Defendant C shall be punished by imprisonment with prison labor of ten months.

(b).

Reasons

Punishment of the crime

Defendant

A and Defendant B operate the precious metal sales store of “F” in Busan Jin-gu, Busan, together with the sales store of precious metal in Busan, and sells precious metal, such as ging and earing, and Defendant C operates the store of “H” in 4183 of the 4th floor of the 4th floor of the 4th floor of the Busan Jin-gu, and sells precious metal supplied by Defendant A, etc. to the nationwide buyers by using NAV stopy (i.e., mutual name) and Kakakao Sto Ri (mutual name).

1. Violation of the Trademark Act by Defendant A and Defendant B

A. From June 30, 2016 to July 25, 2017, the Defendants conspireded to sell counterfeit goods, and transferred or delivered to the said C precious metal 992 points (1.577,077,000 won at the market price of the refined goods), such as 192 points (LOUIS VITN), i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e. g., e., e., e. g., e., e., e., e., e., e., e., e., g., e., e., e. g., e., e., e. g

B. The Defendants committed the crime of July 27, 2017, together with the Defendant, around July 27, 2017, filed a lawsuit for the purpose of transferring or delivering precious metal 25 points (19,050,000 won at the market price) to the Korean Intellectual Property Office, which was registered with the Korean Intellectual Property Office as a trademark holder, such as pentt, earb, etc., designated by the U.S. as a trademark holder, such as the trademark holder, as in the list of crimes (2).

As a result, the defendants conspired to infringe the trademark right of the above trademark right holder.

2) The Defendants committed the crime of August 28, 2017, together with the Defendant, around 10:08 around August 28, 2017, i.e., “in the store,” the trademark right holder as the trademark right holder, such as the list of crimes (3) in France, i.e., the goods designated to the Korean Intellectual Property Office, i.e., the trademark right holder, respectively.

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