Text
Defendants shall be punished by a fine of three million won.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
Defendant
A is the head of Seoul Branch, and the defendant B is a corporation that imports shots in China and sells them to the Do and retail company.
1. On July 23, 2015, Defendant A: (a) at the warehouse in Seoul branch office, Seoul, Inc., Inc., Ltd., Inc., Inc., Inc., Ltd., Inc., E, the Defendant: (b) stored in the said warehouse for the purpose of sale, by putting the victim F in 711 shots, a mark identical to the mark “(trademark registration number: G)” and “H (trademark registration number: H)” with the Korean Intellectual Property Office as designated goods.
Accordingly, the defendant infringed the trademark right of the above trademark right holder.
2. On July 23, 2015, Defendant B, the head of the Seoul Branch Office, the Seoul Branch Office of the Defendant, infringed the trademark right of the trademark right holder as described in paragraph (1) of the above.
Summary of Evidence
1. Each legal statement of I and F;
1. On-site photographs and name cards;
1. A protocol of seizure and a list of seizure;
1. Determination as to the Defendants and defense counsel's assertion of the investigation report (abshot photographs attached in the B workplace), investigation report (abshot photographs attached in J)
1. Summary of the assertion
A. The Defendant Company B (hereinafter “Defendant Company”) imports charcoal from China through an intermediate sear, and does not participate in all manufacturing and packing of imported charcoal.
Therefore, the Defendants were unable to find out whether they infringe on the registered trademarks of the imported charcoal, in which they can confirm the coal packaging boxes after their arrival in Korea.
B. The instant charcoal itself was manufactured regardless of the registered trademark, and the Defendant Company only imported and sold the instant charcoal.
Therefore, the instant charcoal does not constitute “a trademark, package, or product (hereinafter “infringed product”) arising from the offer of an infringing act or the infringement thereof,” and thus, Article 97-2 of the Trademark Act.