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(영문) 서울동부지방법원 2014.12.05 2014고단3016
상표법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

The defendant as to any seized evidence 1 to 55.

Reasons

Criminal facts

Defendants are people engaged in the distribution business of forged trademark packaging.

1. No person who intends to use or possess for the purpose of having another person use a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods, or possess goods identical or similar to the designated goods bearing the registered trademark of another person for the purpose of transferring or delivering such goods;

Nevertheless, from December 2, 2012 to September 25, 2014, the Defendant kept DNA bags, etc. attached with a forged trademark at the second floor of the 2nd floor of the Ba Building in Eunpyeong-gu Seoul, Seoul, and kept 12,00 pages, 4,800 wallets, 3,60 wallets, 3,60 key wallets, and 163,200,000 won in total, and kept the forged trademark attached with the trademark "F" (trademark number G), which is the registered trademark holder of the above warehouse, at around September 23, 2014, as shown in attached Table 1, and kept the forged trademark at 288 points, as well as the forged trademark attached with the trademark "F" (trademark number G), as indicated in attached Table 1, 207, 2053, 203.

Accordingly, the defendant committed the infringement of trademark rights.

2. No person who intends to use or possess for the purpose of having another person use a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods, or possess goods identical or similar to the designated goods bearing the registered trademark of another person for the purpose of transferring or delivering such goods;

Nevertheless, the Defendant, from November 2013 to Goyang-gu H, manufactured and sold ice cases with a forged trademark attached at a factory located in Goyang-gu, Goyang-gu. On September 23, 2014, on September 20, 2014, kept KRW 1,564 with a forged trademark of “F”, a trademark right holder “E” (trademark registration number G) at the above factory.

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