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1. Defendant A shall be punished by imprisonment with prison labor for a period of ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A is a person who engages in wholesale and retail business for the export of mobile phones with the name of “E” under Article 811 of the Yongsan-gu Seoul Metropolitan Government D Center.
From August 1, 2018 to September 17, 2018, the Defendant purchased defective end-of-life mobile phones, and followed the so-called “deficial phone,” which replaced the fake part that is forged with Samsung Electronic’s logo, to sell as if it were a normal and mobile phone, and registered with the Korean Intellectual Property Office. “Trademark (Trademark registration No. 40-0285794, Feb. 21, 1993; 94, Feb. 1, 1993; hereinafter the trademark registration number No. 40-1098544, Dec. 23, 192; hereinafter the Defendant’s registration number No. 40-8174, Apr. 29, 207; hereinafter the Defendant’s registration number No. 1565, Dec. 24, 201; hereinafter the Defendant’s registration number No. 3065, Apr. 27, 197).
Accordingly, the defendant infringed the trademark right of the victim Samsung Electronic Co., Ltd.
2. Defendant B is a person who engages in trading business of mobile phones with “G” under Article 501 of the Yongsan-gu Seoul Metropolitan Government F Building 501.
The Defendant, at the foregoing office from April 201 to September 17, 2018, intended to create and sell so-called “componon.” The Defendant’s trademark registered with the Korean Intellectual Property Office (Trademark Registration Number No. 40-0285794, February 1, 1993; Trademark No. 40-0817494, Feb. 27, 2019) “” (Trademark Registration Number No. 40-0817494, Feb. 27, 2019; 6666, Oct. 19, 10; 68, Oct. 19, 200) with the forgery of the instant mobile phone frame No. 48; Samsung mobile phone 10; Samsung mobile phone 10; Samsung mobile phone 10; 68, Samsung mobile phone 68, Samsung mobile phone 17, Samsung F. 48 (including Samsung mobile phone 1).