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(영문) 부산지방법원 2018.06.21 2018고단1953
상표법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and April.

Nos. 1 through 6 of seized evidence shall be from the defendant.

Reasons

Punishment of the crime

[criminal record] On November 23, 2017, Defendant B was sentenced to a suspended sentence of four months of imprisonment with prison labor at the Busan District Court on the grounds of injury, and the judgment became final and conclusive on January 23, 2018.

[Criminal facts]

1. Joint crimes committed by Defendant A and Defendant B

A. On September 2017, Defendants in violation of the Trademark Act conspired to return the leaflet to the owners of entertainment establishments across the country, “I may make and sell drinking as if customers were in a manner of forging the trademark of the two liquor manufacturers ordering the drinking, and attaching drinking to the drinking bottle”, and then Defendant B would play the role of receiving the order from customers; Defendant A would play the role of delivering the two liquor packaging sets (such as a trademark tag, drinking inlet, packing vinyl, etc.) supplied by the non-standing persons.

Accordingly, the Defendants, around November 4, 2017, as trademark right holders in the dwelling area of Defendant A located in Busan Seo-gu, Busan, or Bluxa et al., determined the designated goods to the Korean Intellectual Property Office as above skiings, etc. and registered (No. 4009509480000) with the Korean Intellectual Property Office as trademark right holders, etc. (GLDDEN BLUE) and registered (No. 4094800). The two main packaging sets, including 1,00 marks identical or similar to the GLDNN BLE, were used for goods identical or similar to the designated goods (the suspension of the execution of imprisonment with labor for April 18, 2018 and April 26, 2018).

In addition to the sale, from October 31, 2017 to December 27, 2017, 27 marks of 21,400 marks were sold from around October 31, 2017 to around December 27, 2017, and received KRW 5,90,000 in total.

As a result, the Defendants conspired to infringe on the trademark rights of each trademark holder.

B. The Defendants conspired to commit fraud (1) around November 4, 2017, and sell cream packages containing 1,000 trademark tagss identical or similar to “GLDDE BLUE” to the said J, as indicated in the above paragraph (a), and the J sells to the said J, and the J, around November 13, 2017, sells to the two-way cloouss, “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

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