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(영문) 서울중앙지방법원 2016.01.27 2015고단5766
상표법위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of one year and six months, Defendant C's imprisonment with prison labor of six months and Defendant D.

Reasons

Punishment of the crime

1. Defendant A in violation of the Trademark Act is a person who designs cosmetics in the trade name of “(main)U” on the third floor of the Gangseo-gu Seoul Metropolitan Government T building. Defendant C is a person who engages in printing business in the trade name of “W” in Seongdong-gu Seoul Metropolitan Government V and 201. Defendant D is a person who engages in the wholesale business of cosmetics in the name of “Y” in Dongdaemun-gu Seoul Metropolitan Government X.

A. On February 2015, Defendant A and B conspired to manufacture and sell “Guuisson 9comx” (Guisson marcom) with a trademark registered with the Korean Intellectual Property Office (registration No. 40-1065484), which forged the trademark registered with the Korean Intellectual Property Office (registration No. 40-10654).

The Defendants conspired as above, around February 2015, Defendant B supplied Defendant A with the free containers, etc. containing the 30,000 ambro cream in the factory of “U” operated by Defendant A (main week), and Defendant A received approximately KRW 100,000,000 from Defendant C with the sign of “Gerisson9comx” on the second floor located in the Dong-gu, Ansan-si, the second floor of the building where the ambro crox was marked, and received from Defendant C with the sign of 10,00,000, cro cro cro crop,000, cro crop, brop, brop, and brop, etc. on the above glass container, and received approximately KRW 30,000,000,000 from Chinese seller around March 2015, and received KRW 500,000 under Chinese name.

As a result, Defendant A and B conspired to manufacture and sell a fake cream as above, thereby infringing on the trademark rights of the said trademark right holder.

B. Defendant A and Defendant A conspired to manufacture and sell the “A” and a fake cream, and the above “AA” are from the second floor building located in AB at Silung-si around May 2015, Defendant A supplied Defendant A with glass containers, metal lids, stickers, etc. contained therein, and Defendant A supplied the said building.

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