beta
(영문) 인천지방법원 2014.04.09 2014고단1765

상표법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 1 through 6 and 25 shall be from the defendant.

Reasons

Criminal facts

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark identical with or similar to the registered trademark of another person for goods identical with or similar to the designated goods, or deliver, sell, forge, imitate, or possess, for the purpose of using or making another person use a trademark identical with or similar to the registered trademark of another person for goods identical with or similar to the designated goods, and possess for the purpose of transferring or delivering

Nevertheless, the Defendant conspired with the first patrolman C (Suspension of Prosecution on the same day) in 2011, and C, in collusion, established a manufacturing factory of the fashion products, such as Rubru throughout the People’s Republic of China, secured quantities, such as manufacturing them, and brought them into the Republic of Korea through the Incheon Port, etc., and decided to supply the fashion products to the customer while keeping and possessing the aforementioned fashion products brought into the Republic of Korea through C as above.

1. The point of the provisional sale for the purpose of the design; and

A. From November 5, 2012 to July 22, 2013, the Defendant: (a) in collusion with C, from the first floor warehouse of the building D 2nd floor in the early October 2011, the Defendant: (b) moved to the Eone Star Car Engine between E and C in the name of Eone Star Car Engine; and (c) sold the same to the names of the business owners of the transaction partners, and then deposited KRW 4,00,000, which is a part of the sales proceeds, into the new bank account in the name of C on November 5, 2012; and (d) from the time of infringement of the trademark right holder’s trademark registration from the time of “PDAA” and the trademark right holder’s trademark registration from the time of the trademark registration of the Megye belt, the trademark right holder, to the time of infringement on the Megye belt.