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(영문) 의정부지방법원 고양지원 2017.08.03 2017고단1767
상표법위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, each of them shall be punished by a fine of two thousand won,00,000 won.

Defendant

B and C, respectively.

Reasons

Punishment of the crime

No one shall, without legitimate authority, deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it for goods identical or similar to the designated goods.

Nevertheless, Defendant A, while operating the clothing store of the trade name “F” in the Seoul Jung-gu E Commercial Building, purchased clothes and forged trademark labels from the sales business entity in the Chinese light boom, etc., and sold them through the above clothes store and the Kakao Stockholm Stockholm, etc., Defendant B, Defendant C’s employee, Defendant B, Defendant B, and Defendant C, managing the warehouse located in Jung-gu Seoul Metropolitan Government Gtel 1309, which keeps counterfeit goods, and Defendant C agreed to sell forged goods to customers visiting the store while working in the “F store.”

1. On May 29, 2017, Defendants A and B conspired and kept in collusion a forged trademark of the same or similar shape with the trademark right holder “S. E” (No. 037377) at around 1,309, the trademark of the said officetel 1309, and kept in order to sell Gacco 269 (No. 443,850,000 won at the fixed market price) a forged trademark of the same or similar shape with the trademark right holder “S. E. E.,” (No. 037377), and held in order to sell the Gacco 269 (No. 443,850,000 won at the fixed market price).

2. Defendant A and Defendant C conspired on May 29, 2017 to sell to an unregistered customer KRW 49,00,000, the original straw with a trademark identical or similar to the trademark of “Baber” (registration No. 0497230), a trademark of “Baber” (registration No. 0497230), which is the trademark of the trademark right holder, at the above “F” store, and Defendant A sells the original straw with a trademark of the same or similar shape (registration No. 1,50,000 won) as the trademark of another person from September 24, 2016 to May 29, 2017.

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