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(영문) 서울동부지방법원 2014.05.01 2014고단690
상표법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A was operating a household manufacturing factory on the first floor of Gangseo-gu Seoul Metropolitan Government C building from April 2013.

No one shall use or possess for the purpose of having another person use a trademark identical with or similar to the registered trademark of another person on goods identical with or similar to the designated goods, possess tools for the purpose of forging or forging the registered trademark of another person, or possess goods identical with or similar to the designated goods on which another person's registered trademark is indicated for the purpose of transferring or delivering such goods

On February 14:30 on February 27, 2014, the Defendant kept a total of 4,489 points (total market price of 3,115,00 won), including seven points (70,000 won at the selling price) on which a forged trademark in the same shape as that of the trademark right holder “PRA” (No. 350206 of trademark registration number) was attached, for sale at the above factory, the Defendant kept a total of 4,489 points (total market price of 3,15,00 won) where a well-known trademark of five brands is attached.

Accordingly, the defendant committed the infringement of trademark rights.

2. Defendant B is a person who, without a certain occupation, received a daily pay in the Daejeon Metropolitan City as well as a single stop.

No one shall use or possess for the purpose of having another person use a trademark identical with or similar to the registered trademark of another person on goods identical with or similar to the designated goods, possess tools for the purpose of forging or forging the registered trademark of another person, or possess goods identical with or similar to the designated goods on which another person's registered trademark is indicated for the purpose of transferring or delivering such goods

On February 27, 2014, at around 14:30, the Defendant had a forged trademark in the same shape as the trademark holder’s “PDRA” (No. 350206 trademark registration number), a registered trademark of “PDRA” (No. 350206) for sale at a factory operated by the first floor A of the underground floor of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu.

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