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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
However, between two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who operates the "H" and manufactures and distributes cosmetics, and Defendant B is a person who actually operates the "I" which is established for the purpose of the total sales contract, etc. of cosmetics.
No person shall cause confusion with another person's goods by using marks identical or similar to another person's name, trade name, trademark, or container or package of goods, or any other mark indicating another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such marks.
J (J) The term “J (J; hereinafter the “J”) filed an application for L as the name of marina cosmetics sold by K, and registered as MM trademark registration number N, which is a trademark agent, on August 31, 2014, K posted an advertisement on the rooftop advertising board after concluding an advertising agency contract with O, which is an advertising agent, and performed advertising activities for the promotion of products since the latter part of 2014 by entering into an advertising model contract with P, an artist, etc. As a result, K began to have a media engineer who advertises the above products in the form of Q, etc. after September 2014. On the other hand, K companies and S companies sold cosmetics in the name of “J” and applied for trademark infringement, thereby continuing dispute over the above trademark rights.
The Defendants extended the facilities under the presumption that the new cosmetics manufacturers need to enter into a fixed manufacturing contract with S Co., Ltd., which is expected to require new cosmetics manufacturers, and kept them by receiving a quantity of subsidiary materials (containers, CDs, plastics, etc.) from S Co., Ltd. to manufacture a J 400,00. As the orders for fixed manufacturing contracts were delayed from S Co., Ltd., the Defendants were made at will using the above subsidiary materials.