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(영문) 부산지방법원 2016.01.21 2015고단3486
상표법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 28, 2015, the Defendants A was sentenced to a suspended sentence of ten (10) months of imprisonment with prison labor at the Daegu District Court on May 28, 2015, and the judgment became final and conclusive on June 5, 2015.

1. From January 201 to September 2014, Defendant A advertised Fudio 501 in Busan High-gu to October 1, 2014, from October 1, 2014 to March 9, 2015, the Defendant advertised 1418 of Busan High-gu Gtel 1418, from March 10, 2015 to May 10, 2015, the Defendant engaged in the business of selling household bags, wallets, scarp, etc., supplied by the non-sellers operating the Internet wholesale site from March 10, 2015 to May 711, 2015.

A. On January 8, 2014, the Defendant violated the Trademark Act sold 50,000 won of the price attached with a trademark similar to “PDRA” (PRDA, No. 350206) from the trademark owner “Froom 501” to J.

In addition, from around that time to May 19, 2015, the Defendant sold goods with a forged trademark equivalent to KRW 150,747,700 in total amount of 1,274 times, and KRW 631,114,340 in total market value of refined goods, as indicated in the List of Crimes (1) from that time, and around April 29, 2015, the Defendant kept 35 points of forged goods, such as one bags attached with a similar trademark (registration No. 1062872) similar to that of the trademark owner of the former LA as shown in the List of Crimes (2) from that time, from that time to May 19, 2015.

Accordingly, the defendant infringed the trademark rights of the above trademark right holders.

B. (1) The Director of the Food and Drug Safety Bureau in violation of labelling standards may, if necessary for the public health, determine and publicly notify the labelling standards of foods for sale, and accordingly determine the labelling standards, such as foods, for which the labelling standards are set.

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