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(영문) 서울북부지방법원 2016.03.17 2015고단4211
상표법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant is a person who operates precious metal sales store under the trade name of Jongno-gu Seoul Metropolitan Government and 6 “D (Gu E).”

No one shall use any trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and shall deliver, sell, forge, or possess such trademark for the purpose of using or making another person use it.

Defendant: (a) purchased the processed dust trademark (No. 0417806, 0417087) identical or similar to the processed dust trademark registered with the Korean Intellectual Property Office on January 5, 2015 at the above precious metal sales store; (b) purchased the processed dust 1 (the value of the processed metal 3.550,000 won) from F; and (c) sold the processed metal 21 times from 201 to 7.44 points (the value of the processed product 1.6 billion won) to customers who purchased the processed metal 25 billion won, including the aforesaid processed metal 200,000 won, and (the value of the processed product 1.6 billion won to customers who purchased the processed metal 1.6 billion won or similar to the aforesaid processed metal 1.6 billion won, and (the value of the processed product 1.6 billion won or similar to the name of the customers of the Korean Intellectual Property Office from 7.4 billion won or less, around July 2015).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or G by the prosecution;

1. Copy of the three-time protocol concerning the examination of suspects by the prosecution against F;

1. Original register of trademark registration;

1. The table of calculation of the estimated value of each trademark;

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