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(영문) 대구지방법원 포항지원 2017.09.06 2017고단817
상표법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who sells counterfeit goods supplied from B to the Republic of Korea in the Kakao Scaro Scar (mutual influs).

No person shall, without legitimate authority, deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or causing another person to use such trademark on the goods identical or similar to the designated goods.

Nevertheless, from August 9, 2015 to June 1, 2016, the Defendant: (a) forged bags and paper bags attached a trademark similar to the trademark registered with the Korean Intellectual Property Office No. 03025 of the Trademark Register, attached to the Korean Intellectual Property Office at the time of the Kakabu, which was located with the trademark similar to the trademark registered with the Korean Intellectual Property Office No. 030235 of the Trademark Register, to the Korean Intellectual Property Office; and (b) forged bags and paper bags attached with a trademark similar to the trademark registered with the Korean Intellectual Property Office No. 0070352 of the Trademark Register, and the trademark registration No. 091283 of the Trademark Register, to the Korean Intellectual Property Office;

The Korean Intellectual Property Office received an order from the Korean Intellectual Property Office for approximately 1,00 points of counterfeit goods, such as forged bags and coaches, with a trademark similar to the trademark registered under Article 363533 of the Trademark Registration Register, and sold the goods to the said B in a way that he/she sold the goods in the name of KRW 154,134,00 in total over 1,00 won [102,523,000 won in the name of C, the Agricultural Cooperative Account in the name of E (F) over 587 times, and KRW 13,647,00 in 129 times in the name of E, and KRW 37,964,00 in the name of G to the Agricultural Cooperative Account (H) account in the name of G (H) over 351 times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to I, J, K, B, E, C, and G;

1. A trademark recorded in a delivery statement and a storage;

1. A trading statement, etc., a trademark registration ledger, and a defendant's account transaction statement;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016) regarding criminal facts and the choice of punishment, respectively.

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