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(영문) 광주지방법원 2017.10.19 2017고단3304
상표법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

except that the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Defendant A and B

(a) No person shall deliver, sell, forge, imitate, imitate or possess, without due authority, any forged product for the purpose of using, or allowing another person to use, any product identical with or similar to the designated product bearing a trademark identical with or similar to the registered trademark of another person;

From November 26, 2015 to May 27, 2016, the Defendants sold to E a total of 6,170 points (14.397,150,000 won at fixed price) as shown in the attached crime list 1, such as a watcher ( trademark registration No. 59471) registered with the Korean Intellectual Property Office via Internet NAV and the next car page, and a forged trademark registered with the Korean Intellectual Property Office through the following car page, and infringed the trademark rights of trademark owners.

(b) No person keeping for sale shall, without legitimate authority over the use of a trademark, deliver, sell, forge, imitate, or possess, for the purpose of using it in goods identical with or similar to designated goods on which a trademark identical with or similar to the registered trademark of another person is indicated;

On July 26, 2016, the Defendants: (a) kept a total of 1,167 points (an amount equivalent to 2.321,375,000 won at the fixed price) for the purpose of sale as shown in attached Table 2, such as a bridge (trademark No. 59471) registered with the Korean Intellectual Property Office in the warehouse of the Republic of Korea at the warehouse of the Nam-gu Seoul, Nam-gu, Gwangju; and (b) kept the forged goods of total of 1,167 points (an amount equivalent to 2.31,375,000 won at the fixed price) for the purpose of sale.

2. On April 2015, Defendant A acquired the e-mail card and password connected to G name-related livestock cooperative bank (H) from E in order to sell and control counterfeit goods at a high-speed bus terminal in Gwangju, Gwangju, and then take over access media necessary for electronic financial transactions.

3. The defendant C is similar to the designated goods on which a trademark identical with or similar to another person’s registered trademark is attached without any justifiable reason as to the use of the trademark.

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