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(영문) 대구지방법원 2018.03.22 2017고단7046
상표법위반등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. No person who commits a joint crime by Defendants A and B shall, without legitimate authority, use a trademark similar to the registered trademark of another person on any goods similar to the designated goods, or sell or possess such trademark for the purpose of having another person use it on such goods;

Nevertheless, the Defendants purchased each forged trademark registered with the Korean Intellectual Property Office (Registration No. 0912283) at the time of the Victim Oral Happy Happy, and each forged trademark registered with the Korean Intellectual Property Office (Registration No. 023194) on the victim Lo Round belt, and conspired to sell and divide the profits therefrom.

A. On July 5, 2017, the Defendants sold counterfeit goods to C at the upper point of the trade name “F” in the Jung-gu, Busan metropolitan area, and sold 14 bags with the above forged trademark attached to C, and received 700,000 won in return, etc. from around that time until around that time, the Defendants sold forged goods to C at a total of four times, such as the list of crimes in attached Table, from around July 5, 2017.

As a result, the Defendants conspired to infringe on the trademark rights of the trademark owners.

B. On July 28, 2017, around 11:30 on July 28, 2017, the Defendants: (a) placed in G Costaex vehicles parked in the post-office parking lot located in the Daegu-dong, Daegu-gu, Daegu-gu, 780-ro; and (b) placed them on the G Costaex vehicles with a view to selling the forged powder 285 and 32 Gu wastes.

As a result, the Defendants conspired to infringe on the trademark rights of the trademark owners.

2. No owner of a motor vehicle A shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, around 10:00 on July 28, 2017, the Defendant operated G Lone Star Co., Ltd. not mandatory insurance with approximately KRW 35 km section from the 35km section to the post office parking lot in Daegu Dong-gu, Daegu-gu, GHcheon apartment site in front of LHWcheon apartment site.

3. The defendant C is without legitimate authority.

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