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(영문) 서울중앙지방법원 2017.03.09 2017고단82
상표법위반
Text

[Defendant A and B] Defendants shall be punished by imprisonment with prison labor for ten months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B was issued by the Incheon District Court on May 8, 2009 a summary order of KRW 2 million as a violation of the Trademark Act, and on October 15, 2015, a summary order of KRW 5 million was issued by the Seoul Southern District Court on the same crime.

Defendant

A has been issued a summary order of KRW 5 million for the same crime at the Seoul Southern District Court on October 15, 2015.

Defendant

B and A operate a secret store that sells a 's even corner' at the third floor of a building located in Yongsan-gu Seoul Metropolitan Government as a club business, and Defendant C is an employee of the above store.

1. Around June 24, 2016, the Defendants conspired to sell counterfeit trademark products and sold to many unspecified persons a total of KRW 2,299,350,000,000 of the market price of counterfeit trademark products from around that time to November 23, 2016, which is identical or similar to the trademark right holder’s “Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-Se-ray,” thereby infringing on the trademark right of each trademark right holder by selling a forged trademark product total of KRW 996,29,350,000, to an unspecified number of unspecified persons.

2. On December 1, 2016, the Defendants conspired to store counterfeit trademark products for the purpose of sale, and held the trademark rights of each trademark holder for the purpose of sale of the forged trademark products totaling KRW 199 points, 561,300,000, which are identical or similar to the trademark right holder’s “Aecine Switzerland Switzerland” (No. 0051026), at the above confidential store, for the purpose of sale, as well as KRW 9 points on the clothes on which a forged trademark of the same or similar type as the trademark right holder’s “Acene Switzerland Switzerland Switzerland ” was attached, and thereby infringing upon the trademark rights of each trademark holder.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol and list of seizure;

1. Aka Stockholm transaction details, transaction books, and the original register of trademark registration;

1. Application of (C) photographs, Kakao Stockholm Trade Details, AKaka Stockholm statute 1.

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