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(영문) 의정부지방법원 2017.09.14 2016고정1770
상표법위반등
Text

The defendant shall be innocent.

Reasons

1. Around January 29, 2016, the summary of the facts charged: (a) confirmed the kind of fake 2-type cosmetic sets at the warehouse in Yangju-si, Yangju-si, in order to recruit and sell cosmetics distributors; and (b) upon receiving F’s contact, G recruited cosmetics distributors by posting a letter of selling the said cosmetics on H and I’s social network “Nber Rode” comprised of cosmetics distributors through H and I.

The Defendant and J: (a) reported the sale of cosmetics in the “Neber Doster” as the above warehouse; and (b) conspired to contact the seller of cosmetics and sell them.

(a) No person who violates law shall sell cosmetics manufactured or imported and sold by a person, other than registered manufacture-sellers, or store or display them for sale;

1) On January 31, 2016, G, J, and D, the Defendant purchased the foregoing fake 800 set of cosmetic 2, which was manufactured by non-cosmetic manufacturers, not cosmetics manufacturers registered by K, etc. at warehouses located in E on the two weeks, and sold 500 set of the above cosmetics to L among the above cosmetics, and kept the remainder 300 set of 30 sets at the N, etc. located in Seocheon-gu, Nowon-gu, Busan for the purpose of selling them.

2) On February 1, 2016, the Defendant purchased cosmetic 2,639 sets (a total of 31,680,000 won) from K, etc. at the P cafeteria parking lot located in Yangju-si (O) and sold all of the cosmetics from Q, namely, at Q.

Accordingly, the defendant, in collusion with G, J, and D, sold or stored cosmetics manufactured by non-registered manufacturers.

(b) Anyone who violates the Trademark Act shall use or cause to use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.

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