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(영문) 서울중앙지방법원 2019.09.25 2019고단2584
상표법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates D Kapet(E) and has been engaged in the clothing sales business in his/her own residence in Jongno-gu Seoul Metropolitan Government building B C.

1. From May 15, 2017 to November 14, 2018, around September 201, the Defendant sold a total of 139 points (a total of 77,862,350 won) of clothing with a forged trademark of the same or similar pattern as “F.” (registration number G) with the registered trademark of “F.” (registration number) at his/her own residence located in Jongno-gu Seoul Metropolitan Government building B, Jongno-gu, and thereby infringed the trademark rights of the trademark right holder by selling a forged trademark of the shape identical or similar to the registered trademark of the trademark right holder from May 15, 2017 to November 14, 2018, as described in the attached list of crimes, by selling a total of 139 points (a total of 7,862,350 won) of clothes with the trademark of the trademark right holder.

2. From November 2018 to February 27, 2019, the Defendant kept the Defendant: (a) one point (the fixed goods value of KRW 841,200), two points (the fixed goods value of KRW 723,400), one point (the fixed goods value of KRW 723,400), five points for t-learning 1 (the fixed goods value of KRW 361,70), four points for clothing; (b) one point for t-learning 1 (the fixed goods value of KRW 361,70) attached with a forged trademark of the shape identical or similar to H (registration number L); (c) one nitro (the fixed goods value of KRW 1,01,60); (d) one half-wheeled goods (the fixed goods value of KRW 721,80); and (d) one of the registered trademark owners’ five identical or similar trademarks (the registered goods value of KRW 50).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure and the list of seizure;

1. Requests for appraisal of each authentic product, notice of the result of appraisal, each original trademark register;

1. Determination as to the Defendant and defense counsel’s assertion on the e-mail closures, photographs, strike outputs, M messages, sales products pictures and posts, and each Kafbook closure screen.

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