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(영문) 서울중앙지방법원 2018.04.05 2017고단9157
상표법위반등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutual clothes sales office in the name of “G” in the name of “G” in Jung-gu Seoul E market 187, Jung-gu, Seoul, and Defendant B is a person who has worked from June 2017 to his employee.

1. Defendant A

(a) No person who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical with another person's registered trademark for the purpose of using or allowing another person to use it on goods similar to the designated goods;

(1) Nevertheless, at around 14:20 on July 17, 2017, the Defendant infringed upon the trademark right holder’s trademark right by carrying a product bearing a forged trademark, such as the label I of the attached crime, for the purpose of selling it to many and unspecified persons, as shown in the list I of the attached crimes, as it is identical to the “GUCC” of the “G” company of the “G” owner of the trademark right of the owner of the trademark right.

(2) On August 24, 2017, the Defendant: (a) held the same as “GUI”; and (b) held one garment with a similar trademark attached to the “former LUI”; and (c) held the products bearing a forged trademark for the purpose of selling to many and unspecified persons, as indicated in the attached List II, for the purpose of selling the products bearing a forged trademark to many and unspecified persons.

(3) On August 22, 2017, the Defendant sold products bearing a forged trademark amounting to KRW 28,570,000, in the same manner as indicated in the attached Table III, to a person who is not his/her name, and thereby infringing on each trademark right holder’s trademark right by selling each product with a similar trademark attached to “PRADA” as “PRA.” company’s “PRA.” company’s “PRA.” as well as by selling one wall for male use with a similar trademark for KRW 128,00 in cash.”

B. The principal of the victim also caused the victim to commit the crime under Section 1-A (1).

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