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(영문) 서울동부지방법원 2013.05.21 2013고단802
상표법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A

A. On January 2012, the Defendant: (a) up to two factories, such as storage warehouses of H apartment 106, 106, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, and 3, 2 warehouses; (b) and (c) had the trademark right holder’s “MM” (No. 148830) registered trademark; and (d) had the trademark in the same shape as the registered trademark of “MM” (No. 148830).

From January 2, 2012 to April 3, 2013, the Defendant: (a) set up an original set at the Foundation at the Foundation B from January 2013, and then, (b) provided singinging business operators B and K with other materials, and (c) requested temporary control measures on the condition that he/she will pay 20,000 won per store; (b) manufactured the forged trademark at KRW 5,000 on the cover of the cover of 5,00 (2,50,000,000 at the estimated price of goods) on the cover of the trademark; and (c) sold 3,000 out of them to the boxes of false names, thereby infringing the trademark right.

B. At around 15:40 on April 3, 2013, the Defendant infringed on the trademark right by keeping the forged trademark of the same shape as the above “MM” at the places indicated in the above paragraph 1.3, with the intention of selling it, 2,156 points on the cover of 5,00 points, metal 5,00 points on which the above forged trademark was inscribed, 160 points on which the above forged trademark was affixed, 85 mix of the original body (30m per 1 roll), and 300 points on the cover of the original foundation where the above forged trademark was inscribed.

2. Defendant B

A. On December 201, the Defendant: (a) was equipped with singishing at a manufacturing factory of L1st underground floor in Gyeonggi-do, Singing-do; (b) gold-type, sing-type, sing-type, and sing-out-type (sing-types into leathers, which are divided into gold-types and marking-types with forged trademark lines) with the same forged trademark as “MM” as indicated in the foregoing 1.

The Defendant, from January 2, 201 to April 3, 2013, received a request for production from the above manufacturing plant from the above A and received 20,000 won per store from the above manufacturing plant, and received 20,000 won per store from the above manufacturing plant, together with employees M., affixed with a forged trademark in the same shape as the above "MM" 2,50 points.

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