logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.28 2019고정1036
상표법위반등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the Dobong-gu Seoul Metropolitan Government No. 2, 1st floor C and 3 of underground floors D (representative E), a person who was sentenced to a fine of KRW 1 million for violating the Trademark Act at the Incheon District Court on July 21, 201, and was issued a summary order of KRW 3 million by the same court on May 10, 201.

While using a trademark identical with the registered trademark of another person for goods similar to the designated goods, or a trademark similar to the registered trademark of another person for goods identical with or similar to the designated goods without legitimate authority in violation of the Trademark Act, the Defendant, without permission, used the “F” trademark, thereby infringing upon the trademark right located in Pyeongtaek-gun, Pyeongtaek-gun, Gangwon-do, the holder of the right to the trademark of “F” registered with the Korean Intellectual Property Office as the designated goods by bringing it into the consignee at KRW 56,110,000 at the fixed price of goods manufactured and produced in China as D (representative E) on January 15, 2018.

B. Even if the goods, which would have been created in the Republic of Korea at the time of importation of a violation of the Copyright Act, would not be imported for the purpose of distributing in the Republic of Korea the goods that would have been protected under the Copyright Act, were imported, the Defendant: (a) had manufactured in China the goods amounting to KRW 56,110,000 at the price of authentic goods of K, a famous work, for the purpose of domestic sale, as D (representative E); and (b) had been introduced from China to the consignee on January 15, 2018, as Incheon Customs Freight Management No. 30 Incheon Customs Bonded Warehouse at 291-ro, Incheon, Jung-gu, Incheon Customs Office’s cargo inspection process.

Summary of Evidence

1. Defendant's legal statement;

1. Search report, photographs of illegal goods, and investigation report (Comparison between D Imported Goods and K Works);

1. Examination of the results of appraisal as to whether a forged product is counterfeited;

arrow