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(영문) 의정부지방법원 고양지원 2017.07.20 2017고단1066 (1)
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

On October 2013, the Defendant accepted a proposal from C, which is a general responsibility for domestic import and distribution of counterfeit goods, to request domestic shippers to deliver counterfeit goods of China. C supplied counterfeit goods from D, a supplier of counterfeit goods of China, and customs service E, a customs service corporation E, etc. cleared counterfeit goods through a disguised customs clearance declaration by using a disguised electronic commerce goods for consumption, and then the Defendant conspired to deliver counterfeit goods of Korea to domestic shippers.

On November 1, 2013, the Defendant, in collusion with C, etc., supplied bags attached with the same trademark as “GIVNCHY” registered under the Patent Act of the Republic of Korea by “D,” and stored them in a secret warehouse located in ancient city, and the Defendant was delivered and delivered for delivery of the above one sold by C to “G”, and as indicated in the list of crimes, sold counterfeit goods with a total of 88,689 points from around that time to April 30, 2014 (a total of 119,920,725,000 won at the market price of the well-known goods), thereby infringing the trademark rights of each trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes of the investigation report (specific suspect A list of crimes);

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) and Article 30 of the Criminal Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter referred to as each registered trademark);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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