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(영문) 서울중앙지방법원 2013.06.20 2013고단616
상표법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who sells bags in the name of “I” in the middle-gu Seoul Metropolitan Government H-23 J-23 of the first floor of the H building.

1. No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark of another person for goods identical with or similar to the designated goods;

Nevertheless, around March 29, 201, the Defendant: (a) around March 29, 201 through the Incheon Port,: (b) around Sep. 29, 2003, the Defendant: (c) around September 20, 201: (d) around 47, where a false trademark similar to the figure trademark registered under Article 0262787 is affixed with the Korean Intellectual Property Office as the designated goods; (d) around October 20, 201, where the Gu Min-gu Sik-si, Yoo-si on September 22, 2011, attached 15 bags with a false trademark similar to the figure trademark registered under Article 1034286; (e) around November 14, 201, attached 38 bags attached with the same forged trademark; (e) around November 30, 2011; and (e) sold the remainder of the forged trademark, and (e) sold them from around 40, 2011.

Accordingly, the defendant infringed the trademark rights of the above trademark right holder.

2. Where it is intended to export, import or return goods in violation of the Customs Duties Act, the name, standard, quantity and price of the relevant goods, and other matters prescribed by Presidential Decree shall be reported to the head of

On March 18, 2011, the Defendant, without filing a report with the head of the customs office, requested transportation to K in China operated by the J, which is a shipbuilding unit, and imported the goods from Korea in an irregular manner KRW 393 and the cost of the goods 3,838,164.

The defendant, including this, is equivalent to 24,325 won of the cost of the relevant goods, and 257,269,832 won of the cost of the goods, without reporting to the head of the relevant customs office from March 27, 2012, from that time to March 27, 2012.

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