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(영문) 부산지방법원 2013.04.04 2013고단947
상표법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

The Defendants are going to operate a fake New Product Factory in the underground of the Busan District D Housing Building. Defendant B was willing to take charge of overall control over factory operation, such as lease of the above place, machinery management necessary for manufacturing new products, purchase of raw materials, securing of customers, and delivery of manufactured new products. Defendant A conspired to take charge of employment and management of employees, such as E, F, one person G (Korean nationality), management of new products manufacturing process, and packing work of finished products.

On January 1, 2013, the Defendants conspired to sell the above places where heat-processing machinery, compact presses, exhaust equipment, etc. used in manufacturing new launch were installed, and thereafter employed employees, including E and F, and then maintained the following: from that time, the Defendants: (a) manufactured the new launch, etc. with the Korean Intellectual Property Office as designated goods; (b) manufactured the new launch, etc. attached to the Korean Intellectual Property Office (NEW BALCE, No. 0060133); (c) around 10:50 on February 1, 2013; (d) stored a warehouse located underground in Busan Sho-gu, Busan; and (e) stored the new launch, 263 finished finished goods; (e) half-finished goods of 10, 2382, and (e) stored the new launch, 300, 4080, 4080, 500, 508, 58200.

(total 7,942 points, total 51,709,2000,000 won) Accordingly, the Defendants conspired to infringe on the trademark right of the said trademark right holder.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of E and F;

1. Statement of seizure of each police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 93 of the relevant Act concerning facts constituting an offense, Article 93 of the elective Trademark Act, and Article 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 of the Criminal Act: Suspension of Execution (Defendant A)

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