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(영문) 서울동부지방법원 2013.10.24 2013고단1814

상표법위반

Text

A defendant shall be punished by imprisonment for not more than ten 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 a person who operates a mother-and-child store in front of D shopping mall located in Seoul Jung-gu, Jung-gu, Seoul from October 2012.

1. From October 2012 to July 9, 2013, the Defendant: “BLAK YAK” (No. 638534); “BLAK 2,00 points attached with a forged trademark identical to the registered trademark “BLAK YAK” (No. 638534); “Copi YPR” (hereinafter “trademark number No. 857295); “EM 1,000 points attached with a forged trademark identical to the registered trademark “MM 37,70 marks attached” (No. 9180); “EM 90,000 marks attached to the registered trademark “MM 37,70,07,000 marks attached to the registered trademark” (hereinafter “M 37,70,000).

2. On July 9, 2013, the Defendant: (a) stored 13 kinds of fakes (sumed 30,000,000 won at the fixed price) with the trademark right holder’s registered trademark “MONCEE” (No. 373777), a trademark right holder’s registered trademark “MONALE” (No. 37337) in front of the E building in the Namyang-si, Gyeonggi-do; and (b) stored 13 kinds of fakes (sumed 90,080,000 won at the fixed price) in the above vehicle for the purpose of sale; and (c) infringed each trademark right by keeping them in the above vehicle a total of 909 points (sumed 90,080,000 won at the fixed price of goods).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Arrest of a flagrant offender in G at the time of inter-state of the investigation report.