logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.08.12 2020고단330
상표법위반등
Text

Defendants shall be punished by imprisonment for one year.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendants A and B in violation of the Trademark Act carry out education related to civil qualifications, such as cosmetics counseling specialists, etc., with the trade name of “D”, and those who were try to operate a business, such as granting a license, and selling relevant teaching materials, and Defendant C is a person who manufactures cosmetics with the trade name of “F” from the third floor of the building in Namdong-gu Incheon Metropolitan City.

The Defendants, around April 4, 2019, at the above “F office,” the cosmetics sales business office of Defendant C produced by Defendant C with the permission of the manufacture of K with the trademark “I” (hereinafter “instant cosmetics”) registered with the Korean Intellectual Property Office by the trademark right holder H from “G,” and the Defendant C arbitrarily manufactured approximately 7,500 content and containers of the instant cosmetics containing the said trademark without the permission of G, and delivered them to Defendant A and Defendant B with the total price of KRW 24,50,000,000, and Defendant A and Defendant B conspired to pack them.

Defendants in collusion with each other from July 20, 2019 to the same year.

8. From the above F’s “F” and the F’s “F”’s market price of approximately KRW 39,000,000, which forged the instant cosmetics in the above manner, was manufactured by manufacturing approximately KRW 6,500, and selling them to Uzbekistan, thereby infringing the victim H’s trademark right.

2. Any person who intends to engage in the business of manufacturing cosmetics or the business of selling cosmetics in violation of the Cosmetics Act shall respectively register with the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister;

Nevertheless, although the Defendants did not register the business of manufacturing and selling cosmetics to the Minister of Food and Drug Safety, they manufactured approximately KRW 39,000,000 in total with the 6,500 product prices of the instant cosmetics, as described in paragraph 1, at the date and place specified in paragraph 1, and at the same time and place.

arrow