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(영문) 서울북부지방법원 2020.05.28 2019고단4385
상표법위반
Text

Defendant

A Imprisonment for ten months, and Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Criminal facts

【Defendant B’s incorporation for the purpose of export and import distribution business, etc., and Defendant A is the representative director of Defendant B.

Defendant

A purchased a well-known trademark in China through C residing in the Chinese light well-known, and intended to import the well-known general clothing without a trademark (i.e., a well-known stuff) in a disguised manner as if it were imported only by ordinary clothing without a trademark, and sell it.

【Criminal Facts】

1. No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark of another person on goods identical with or similar to the designated goods;

Nevertheless, on May 22, 2019, the Defendant brought in 385 goods bearing a forged trademark, such as the list in the attached crime list, from Incheon port, “D,” which was registered with the Korean Intellectual Property Office (registration number E), to the Korean Intellectual Property Office, thereby infringing on each trademark holder’s trademark right.

2. Defendant B is a corporation whose purpose is to export and import distribution and sales business.

The defendant, who is an employee of the defendant, committed a violation as above in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1.-The loading report, etc., B/L and other shipment documents, - the verification of actual owner, - appraisal statement, etc.

1. A report on investigation (a photographing an illegal article);

1. A report of investigation (aF clothes photographing), - one copy of a counterfeited F garment photograph; and

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Defendant A of the pertinent legal provision regarding criminal facts: Each of the defendants B of Article 230 of the Trademark Act: Articles 235 and 230 of the Trademark Act;

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

1. Defendant A who has chosen the penalty: Imprisonment;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Probation and community service order Defendant A:

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