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(영문) 서울중앙지방법원 2020.05.12 2019고단8580
상표법위반
Text

Defendant

A Imprisonment of 10 months, Defendant B’s imprisonment of 8 months, Defendant C’s fine of 2,00,000 won, and Defendant D’s imprisonment.

Reasons

Punishment of the crime

Defendant

A was a person who had been operating a store in the Seoul E market since around around 1970, and Defendant B and D were children of Defendant A, and Defendant A, B, and D leased F buildings G, H, and I in Seoul Jung-gu from around September 2017 to Japan, and sold a trademark of forgery of a well-known product to Japanese tourists.

Defendant

C From April 2018, a person is a person who, by doing a guest act against Japanese tourists from around April 2018, solicits Japanese tourists to a sales place in the above F building operated by Defendant A, etc., and was working as a so-called “new” in which certain allowances are paid according to the pertinent sales amount.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

1. Crimes committed by Defendant A, B, or D;

A. A. Around March 1, 2019, the Defendants conspired to keep the Defendants on or around March 1, 2019, and keep 35 points (70,000,000 won) from the place where the trademark of forgery in the same or similar shape as the registered trademark (registration number K) of the owner of the trademark right is indicated in collusion with the Defendants in collusion for sale on or around March 1, 2019, and the list of crimes in the attached Form.

1. As described in the description, the trademark rights of the trademark right holder were infringed on by storing them for sale clothes, miscellaneous, liquid books, etc. bearing a forged trademark identical or similar to the registered trademark of the trademark right holder at a total of 3,857 points (amounting to 1,725,090,000 won).

B. Around March 5, 2019, the Defendants, in collusion, kept 790 points (15,800,000 won) at the end of each day on which the trademark of forgery in the same or similar shape as the registered trademark (registration number K) of the owner of the trademark right “J” (registration number K) of the said F building on or around March 5, 2019, together with the list of crimes in the attached list.

2. (1) through (3) a total of 7,102 fixed value of articles 2,509.

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