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(영문) 서울남부지방법원 2018.05.18 2017고정1535
상표법위반
Text

1. Defendant A shall be punished by a fine of six million won;

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On February 12, 2016, Defendant A exported three UMAC trademarks (registration No. 40-0732682) registered by the victim company on December 28, 2007 with the same trademark as “KMAC trademark (registration No. 40-0732682), from time to time on April 14, 2016, the Defendant exported three UMAC 26,021,70 won (KMACKB 3600) to Vietnam, from time on which the Plaintiff exported three UMAC trademarks of the total market price of 584,070,095 won via the aforementioned method as shown in the attached crime list (1) to April 14, 2016.

2. The Defendants jointly committed Defendant A and Defendant B requested that Defendant B sell two UMAC trademarks (registration number No. 40-0732682) with the same trademark registered on December 28, 2007 by the victim company “KMAC” (registration number No. 40-0732682) in a foreign country around March 25, 2016. Defendant B consented to the sale abroad, and around March 25, 2016, Defendant B again requested that two UMAC (KMAC 4205) be sold abroad, and around October 28, 2016, Defendant B exported the above UMAC 4205 in the name of the above Defendant E Co., Ltd., Ltd. (KMAC 4205) in the aggregate of the market price of 25,896,640 V, from around 2016 to October 28, 2016.

Accordingly, the Defendants conspired to infringe on the trademark right of the victim company.

3. Defendant C, from February 12, 2016 to October 5, 2016, the Defendant, a representative of the Defendant, committed an act in violation of the aforementioned provisions as “1.” and “2.” with respect to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness F;

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. The trademark registration certificate;

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