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(영문) 인천지방법원 2015.07.16 2015고단2637

상표법위반

Text

[Defendant A, B, and C] Imprisonment with prison labor for 1 year, Defendant B with prison labor for 8 months, and Defendant C with prison labor for 6 months.

Reasons

Punishment of the crime

1. Defendant A, B, and C operated the “J”, which is a manufacturer of cosmetics, etc. located in the Handong-gu I building B01 in Ansan-si, and around October 2014, Defendant A, a distributor in a transaction with a Chinese company, and the victim K registered the trademark with the Korean Intellectual Property Office to supply the “PP A 92% crowdfunding 92% of the Plaintiff’s LAS SAS SA SA SA SA SA SA SA SA SA SA SA SA SB S. SA SA SA SA SA SB S. SA SB S. SAS (hereinafter “SAS”). Defendant B, upon receipt of the request for the supply of the above product, requested Defendant C, who operates the package company using the labels supplied by Chinese name-free persons, consented to the attachment and packing of the labels, and Defendant C, introduced through the above K, planned Defendant B to act in selling the forged product manufactured by Defendant A to the cosmetic.

Accordingly, Defendant A purchased subsidiary materials, such as the content of forged products and green plastic containers, and manufactured the term “non-processed products” without a trademark, and supplied them to “M” on the first floor of the Bupyeong-gu Incheon Bupyeong-gu Liber Building operated by Defendant C. Defendant C produced finished products by taking charge of the NA treatment spreadr trademark and labels, aquatic film and stuffing work, and Defendant B shared the role of manufacturing and selling cosmetics wholesalers.

The Defendants conspired as above from around that time to March 18, 2015, thereby infringing on the victim’s trademark right by manufacturing and selling a total of KRW 398,622,40, total market value of the 90,596 products that forged the victim’s “Nxing diesel” by forging the trademark “Nxing” trademark registered by the victim.

2. Defendant B and D’s joint criminal conduct, as set forth in paragraph (1), shall be accompanied by the above four-way trading diesels registered with the Korean Intellectual Property Office in collusion with A, etc.