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(영문) 서울중앙지방법원 2013.03.12 2012고단7097
상표법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of five thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the head of the division B, a person who exercises overall control over the import and domestic sales of the above company, and the defendant B is the corporation that aims at trade business.

1. Defendant A

A. In the domestic shopping mall, the Defendant violated the Trademark Act imported mobile phone cases with a trademark, such as a registration label, a registration label, and an ID case at a high price, and imported them from the mobile phone cases with a trademark to sell them in the domestic shopping mall, and the Internet shopping mall (C) operated by the Defendant.

On January 18, 2012, the Defendant imported 99 of the APLE products with a trademark right holder registered with the Korean Intellectual Property Office, from a single trade name D in China, which is a transaction in China, and carried them into the Incheon Jung-gu E bonded warehouse, and filed an import declaration with the Incheon Customs Office on January 19, 2012.

On May 17, 2012, the Defendant continued to keep forged goods listed in No. 1 2-9 of the attached list 2-9, such as the Gaphone case with a forged APLE trademark for sale at the office and store of Seocho-gu Seoul, Seocho-gu, Seoul, and the store.

As such, the Defendant infringed the trademark right of the trademark right holder as shown in the attached Table 1.

(b) Where any person who violates the Customs Act intends to export, import or return goods, he/she shall report to the head of a customs office the name, quantity, quantity and value of the

On August 6, 2010, the Defendant imported 5,913 Hphones, etc. (domestic wholesale amounting to KRW 11,577,823) over 94 times from around that time to March 30, 2012, including 8 Hphones from 62 U.S. dollars to 4 times via the Kimpo Customs.

2. Defendant B, Inc.

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