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Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
Reasons
1. The summary of the facts charged is a person who works as an agent for a stock company B located in Gangseo-gu Seoul Metropolitan Government E, and Defendant B (Representative F) is a corporation corporation incorporated mainly for the business of manufacturing renewableer, etc.
No trademark identical with the registered trademark of another person shall be used for goods similar to the designated goods thereof, or any trademark similar to the registered trademark of another person shall be used for goods identical with or similar
Nevertheless, on June 11, 2014, Defendant A imported a forged Samsung mobile phone case with 120 points and 4,440,000 won at fixed price from Korea using the trademark “SAmP UNG” (registration number No. 0817494) registered with the Korean Intellectual Property Office through the Incheon Airport Customs Office as designated goods by Samsung Electronic Co., Ltd., as the designated goods. Accordingly, Defendant A infringed the trademark right of the trademark owner by importing from Korea the amount of KRW 120 points and KRW 4,40,000 at fixed price.
Defendant
B (Representative F) Defendant A, who is an employee of the company, committed an act in violation of the above description in relation to the business of the company.
2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the degree that such conviction would lead to, the determination ought to be based on the defendant’s benefit even if there
(see, e.g., Supreme Court Decision 201Do15767, Feb. 13, 2014). The following circumstances acknowledged by the evidence duly adopted and investigated by this court are as follows. ① Defendant A imported the instant mobile phone case for sampling to extract the “surururgy panel” for a cell phone manufacture project with the “surgy panel” attached in Defendant B.