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(영문) 의정부지방법원 2016.12.23 2016고단2580
상표법위반등
Text

1. Defendant A’s imprisonment for six months, Defendant B’s imprisonment for ten months, Defendant C’s imprisonment for six months, and Defendant D.

Reasons

Punishment of the crime

[Criminal Justice] On June 24, 2016, Defendant H was sentenced to one year and two months of imprisonment for a violation of the Trademark Act by the District Court of the Republic of Korea on July 2, 2016, and the judgment became final and conclusive on July 2, 2016. Defendant A was sentenced to one year and six months of imprisonment for a violation of the Trademark Act by the same court on June 17, 2016, and the judgment became final and conclusive on November 14, 2016.

【Criminal Facts】

1. On September 2015, Defendant H and Defendant A: (a) supplied 15,00 cosmetics of the fake “Scccubic chroning” (at the market price of 65,000 won per unit; total of 97,500,000 won per unit); (b) 10,000 cosmetics of the fake “Scubic Scubic Scubic Scubic Bricus” (at the market price of 48,000 won; total of 480,000 won); and (c) 10,000 cosmetics of the “Scubic cubic” (at the market price of 45,00 won per unit; total of 45,500,000 won per unit; and (c) 45,000,000 won per unit price).

No person who violates the Cosmetics Act shall sell cosmetics manufactured or imported by a person who is not a manufacturer or seller, or store or display them for the purpose of sale.

From September 22, 2015 to September 23, 2015, the Defendants received and kept 15,000 cosmetics of the “Slucccccccccccccubing booming”, 10,00 and 10,000 cosmetics of the “Haccccubic Scubic Scubic Scubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubic cubics.

As a result, the Defendants conspired to store cosmetics manufactured and sold by those who are not registered manufacturers, for the purpose of selling them.

(b) Any person violating the Trademark Act shall manufacture, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using it on the goods identical or similar to the designated goods.

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