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(영문) 서울동부지방법원 2015.03.12 2014고단3724
상표법위반
Text

Defendants shall be punished by imprisonment for one year and six months.

However, with respect to Defendant A, it shall be for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are those engaged in the business of selling mountain uniforms with a forged trademark attached in the Internet shopping mall.

No person shall possess goods identical with or similar to designated goods on which another person's registered trademark is indicated, for the purpose of transferring or delivering such goods.

Nevertheless, the Defendants conspired to open an Internet shopping mall in June 2014, and intended to sell many unspecified persons, as if they were genuine products, after opening the Internet shopping mall on the same roof store.

1. From the end of August 2014, the Defendants operated the Internet shopping mall office on the O 1st floor of the Gu Government from September 2, 2014 to October 23, 2014, in T (U), from October 8, 2014 to November 17, 2014, in V (W), from October 27, 2014 to November 19, 2014 to November 26, 2014, the Defendants entered the trademark “BALK”, a trademark right holder’s registered trademark of “stock company” in X (H), as if the Defendants were engaged in sale of the goods, i.e., e., e., “BALK,” in the same manner as the victim’s list, i., the victim’s trade goods, i.e., the victim’s trade.

During the aforesaid period, the Defendants sold forged goods of approximately KRW 72,197,502 via “R”, via “T, approximately KRW 69,789,266, via “T”, forged goods of approximately KRW 115,390,508 via “V”, and sold forged goods of approximately KRW 23,310,753 on 425 occasions via “X”, and sold the forged goods of approximately KRW 23,310,753 at the above 4 sites via “X”, and sold the 6,018 of the clothing attached with each of the above 5,940 times in total.

As a result, the Defendants conspired to infringe each of the above trademark rights.

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