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(영문) 서울서부지방법원 2016.06.08 2015고단3047
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 15, 2014 to July 8, 2015, the Defendant: (a) obtained a request from the D office located in the Gyeonggi-gu Seoul Metropolitan Government for the registration of Samsung Electronic Co., Ltd. (Trademark No. 0817494); (b) obtained a trademark of Samsung Electronic Co., Ltd. (SAM UNG) using the same device as the designated goods on which the trademark is inscribed; (c) obtained reinforced glass, tamping, and back cover tampers; and (d) conducted smartphone sales business in the Yongsan-gu Seoul Metropolitan Government; (d) obtained a request from the D office located in the Gyeonggi-gu Seoul Metropolitan Government 415 to separate the registered trademark from the registered trademark of Samsung Electronic Co., Ltd. using the same device; and (e) obtained a separate license from the registered trademark of Samsung electronic Co., Ltd. using the same device; and (e) obtained a separate license from the registered trademark of Samsung electronic Co., Ltd.; and (e) separated the license from the new one by using the device.

The trademark used a fake smartphone part with the trademark and re-prefabricated about 1,200 smartphones, and then receive repair costs of 30,000 won per unit and then again supplied them to G, etc.

Accordingly, the defendant, in collusion with K, possessed goods identical to the designated goods bearing a trademark similar to the registered trademark of the victimized company, and infringed the trademark right of the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by K;

1. A report on internal investigation (the Handphone-type photograph produced by an informant);

1. Seizure records;

1. The original register of trademark registration (public prosecutor investigation records);

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