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(영문) 인천지방법원 2017.05.12 2016고정3364
상표법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are persons who carry out the Internet mail order under the trade name of “D”.

No person shall use a trademark identical or similar to another person's registered trademark.

1. The Defendants were willing to bring goods bearing a fake trademark, such as local cities and carcs, into international mail (Ems) and sell online NAV e.g., “D” through a Chinese purchasing agency site.

On May 25, 2016, "GIVENCHY" (trademark registration number: No. 1087867) that had the same trademark as the trademark registered at the local market in his/her own residential area of "GIVENCHY" (GIVENCHY) around May 25, 2016 and 16 mobile phone cases with the same trademark were posted on the Internet NAV shopping mall and kept for the purpose of sale, as shown in attached crime list (1).

2. The Defendants committed the crimes of subparagraph (2) (2) (A), (3) (B) (Defendant B) with the same purpose as the above paragraph (1). Defendant A, in collusion with Defendant A on May 25, 2016, attached the same trademark as the “KSNO” (trademark registration number: 1178460) in attached Table 7, 21, 32, 47, 50, 51, 53, and 54 in attached Table 7, 917 counterfeit goods were sold within the scope of 50 days, 365 days, 465 days, 465 days, 47, 465 days, 465 days, 465 days, 465 days, 47, 275 days, 465 days, 205 days, 477, 205 days, 365 days, 465 days, 204

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Legal statement of witness F;

1. A protocol concerning the examination of suspect against the defendant B;

1. Seized evidence 1 to 1.

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