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(영문) 서울북부지방법원 2019.07.11 2019고단249
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, forge, or possess a trademark identical with or similar to the registered trademark of another person for the purpose of using or making another person use it on goods identical with or similar to the designated goods.

1. On June 15, 2018, the Defendant: (a) operated an online shopping mall (D) on the 2nd floor of Seongdong-gu Seoul Metropolitan Government Building Villas; (b) with the trade name “C”; (c) sold in 173,000 won to a person who requested the purchase of a product a trademark attached with a trademark identical or similar to the “G” trademark registered by the victim “E” to the Korean Intellectual Property Office; and (d) sold in 173,00 won to a person who requested the purchase of the product; and (c) as indicated in the attached crime list 1 from June 28, 2017 to August 31, 2018, the victims violated the trademark rights of the victims by selling the visibility with a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office in total of 224 times in total.

2. At around 10:50 on September 11, 2018, the Defendant: (a) stored the victim’s “I” in the Korean Intellectual Property Office for the purpose of selling the visibility (L) with the trademark “K” registered as the trademark number J; and (b) stored the victims for sale 25 visibilitys attached with the trademark registered with the Korean Intellectual Property Office, such as the attached list 2.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Records of seizure and the list of seizure;

1. Account transactions, investigation reports (related to details of transactions in financial accounts and list of crimes), list of anti-doping sales, data from manufacturers of household items, investigation reports (related to purchase of goods and attachment of appraisal certificates), purchase details of goods and photographs, results of appraisal meetings, trademark register, import declaration details, photo of the seized site, investigation reports (related to binding of seized articles), sales details;

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