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(영문) 의정부지방법원 2017.03.30 2017고단419
상표법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

Criminal facts

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

On August 2, 2014, the Defendant: (a) at the Defendant’s residence located in Namyang-si, Namyang-si, through E, a sales site of counterfeit trademark goods; (b) without legitimate authority, sold a provisional room equivalent to KRW 14,337,00,00, which attached a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office; and (c) received from F, and sold from F, KRW 620,00.

1.2. The list of separate crimes, as described in the table;

3. As described in collusion with G, from August 2, 2014 to July 4, 2016, the trademark right of each trademark holder was infringed upon by selling 1,507 counterfeit goods to KRW 341,941,698, including a bank equivalent to KRW 4,703,206,00, total market value of the authentic goods at KRW 1,500.

Summary of Evidence

1. Statement by the defendant in court;

1. The screen of E shopping mall connection, E business information screen, mail order distributor’s inquiry screen, E-mail order distributor’s account screen, E-mail address guide on January 1, 2010, E- 6 of the Korea Internet Promotion Agency’s six copies of the domain name inquiry, E-mail screen on March 29, 2016, and some of E-purchases after E-purchase, and nine copies of the E-site output;

1. An application for opening a passbook account, an identification card (G), an application for opening an account, and a copy of an identification card (H);

1. Entry or departure details (G, I, and J);

1. An abstract of the details of deposits at KRW 10 to KRW 10 million; an abstract of the details of payments at KRW A and K; an abstract of the details of payment at physical cards; a deposit of at least KRW 50,00,000 but not exceeding KRW 1 million; a statement of payment at KRW A and K; and a statement of payment at KRW 50,000,000,000;

1. EKakao Stockholm screen pictures and capsizing the contents of a disguised conversation for the Kakao Stockholm;

1. The sales price of dust n41435 Babro n41435 Babro blue photographs of forged blue Handbrogs taken by a disguised purchase, forged.

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