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(영문) 인천지방법원 2017.10.19 2016고단7215
상표법위반
Text

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

Seized evidence 1 through 4, 10 through 17 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a person who operates a wholesale and retail business in the name of "E" in Bupyeong-gu Incheon Metropolitan City D.

1. The Defendant: (a) as of September 15, 2005, the victim c c c c c c c c c c c c sp, which was registered with the Korean Intellectual Property Office as designated goods by sh c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c st

2. On December 8, 2015, the Defendant possessed 8 rolls for the purpose of transferring to another person the film for vehicles bearing the trademark similar to the trademark registered by the said injured person on the street in front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, and infringed on the trademark right of the injured person.

3. From March 5, 2014 to June 19, 2014, the Defendant stated the vehicle film for the vehicle without a trademark marked through a sick box as USD 20,000 per 1 roller in the indictment. However, USD 20 is only the price at which the Defendant voluntarily stated at a low price to evade customs duties, but is not the amount actually paid by the Defendant to the film supplier. The evidence submitted by the public prosecutor alone alone does not specify the price actually paid by the Defendant while importing the film, thereby recognizing criminal facts (the witness H imported from the Defendant to KRW 200,00 per 1 roller).

Although the statement was made (10 pages of the transcript of the examination of witness H) the amount claimed by the defendant is different from the amount claimed by the defendant, and the description on the 360 page of the evidence record (the amount received by the defendant as the import price from February 10, 2014 to November 2015).

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