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(영문) 서울북부지방법원 2013.12.19 2013고단1939
상표법위반
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

B supplied fake processed bluorgs and subsidiary materials, and Defendant A conspiredd to sell the processed bluorgs by manufacturing and delivering the processed bluorgs with raw materials supplied by Defendant A.

Defendant

A The same year from March 2013 to the same year

5. Until December 22, 200, the Seoul Dongdaemun-gu Seoul Metropolitan Government 1st floor factory, and the Defendant B, forged and attached the “luorglusium” (trademark registration number: 40012539000) registered with the Korean Intellectual Property Office, which is a trademark registered with the Korean Intellectual Property Office, for the purpose of selling a total of KRW 210 (sale 110), and sold or stored a total of KRW 840,000,00 for the purpose of selling a fake dust for the purpose of selling 100.

In addition, the Defendants kept total of 782 points, such as fake materials, etc., in order to use them in the manufacture of fake bags, such as the attached list of crimes.

Accordingly, the Defendants infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of suspect interrogation against the Defendants

1. Police seizure records;

1. Price list of authentic goods, the original trademark register;

1. Application of Acts and subordinate statutes to investigation reports (Report on confirmation of details of surcharge calculation);

1. Article 93 of the Trademark Act and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Article 62-2 of the Criminal Act of each community service order;

1. Confiscation (Defendant A) Article 97-2 (1) of the Trademark Act;

1. The sentencing grounds of Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment are against the Defendants, the fact that a significant portion of the infringed goods has not been distributed, the Defendants’ age, environment, motive, means and consequence of the crimes, and all other circumstances, including the power of the crimes, shall be determined as stated in the order.

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