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(영문) 대구지방법원 2013.08.23 2013고단3191
상표법위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Criminal facts

Defendant

A, on June 18, 2009, sentenced two years of suspension of the execution to eight months of imprisonment for a violation of the Trademark Act by the Daegu District Court, and sentenced ten months of imprisonment for a violation of the Trademark Act by the Daegu District Court on February 16, 2010 during the grace period, and the suspended sentence became final and conclusive on February 17, 2010, and the execution of the said sentence was terminated at the Daegu Detention House on April 10, 201.

1. Defendant A’s crime;

A. The Defendant violated the Trademark Act using the website, along with F, sold counterfeit trademark attachment goods purchased in the Seoul Eastern Market through the Internet shopping mall E (G) opened by the Defendants, and conspired to divide the profits into 50% each.

From June 18, 2012 to August 28, 2012, the Defendant advertised F to sell forged goods of the same shape as the trademark indicated in attached Form 1, such as a trademark (registration No. 0227514), registered with the Korean Intellectual Property Office (registration No. 027514), by designating the designated goods as agricultural-mination, etc. on the above Internet site from the Daegu North-gu, Daegu (H202 to the above Internet site, the Defendant sold the clothes, shoess, etc. with a forged trademark in total amount of KRW 88,80,00,000, as shown in attached Table 1.

The defendant, in collusion with F, infringed trademark rights of trademark right holders.

B. The Defendant violated the Trademark Act using the I website sold counterfeit trademark attachment goods purchased in the Seoul Eastern Market via J (K) Internet shopping mall I established by the Defendants, and conspired to divide the profits into 50% each, and divide them into 50%.

From September 14, 2012 to January 31, 2013, the Defendant sold 21,6460,000 won in total at the market price as shown in the list of crimes attached to the attached goods bearing a forged trademark, such as the list in the preceding paragraph, using the above website 105, from September 14, 2012 to January 31, 2013.

Accordingly, the defendant violated trademark rights of trademark right holders in collusion with J.

(c).

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