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(영문) 인천지방법원 부천지원 2016.11.30 2016고단2834
상표법위반
Text

Defendant

A Imprisonment for 8 months, 1 year of imprisonment for Defendant B, 8 months of imprisonment for Defendant C, 6 months of imprisonment for Defendant D and 6 months.

Reasons

Punishment of the crime

[Criminal Power] Defendant B was sentenced to eight months of imprisonment with prison labor at the Seoul Southern District Court on May 29, 2013, and completed the execution of the sentence at the Seoul Southern District Court on November 4, 2013.

【Criminal Facts】

1. Defendant A, with the trade name of “L”, operates an Internet communications sales site (M) (hereinafter “ shopping mall”), sells a fake name tag, wall, bell, signal, clothing, clock, etc. attached with a forged trademark, such as “lux, lux, Pomb,” etc.

No person shall commit any act that infringes on another person's trademark rights and exclusive license.

Nevertheless, around October 19, 2016, the Defendant: (a) placed three points (3,018,000 won at the fixed price) of goods bearing a forged trademark, such as the attached list of crimes (1,60,000 won at the fixed price) in the name of Defendant’s bank (3,00,000 won at the fixed price) and three points (3,00,000 won at the fixed price) of goods bearing a forged trademark, such as the attached list of crimes (1), on the following grounds: (b) around October 19, 2016, the Defendant sold the forged trademark, such as “LOUIITN,” and (c) sold them to customerO through the shopping mall, and (d) sold them under the name of Defendant’s trademark right holder, and (d) transferred them to 300,300,000,300,0000,000 won through the sale price of goods bearing the forged trademark, such as 30,0140,000.

2. Defendant B

가. 상표법위반 피고인 B은 ‘Q’이라는 상호로 인터넷 카카오스토리 통신판매사이트(이하 ‘쇼핑몰’이라고 함)를 운영하면서 ‘꼼데가르송, 디스퀘어드, 발망 등’ 위조 상표가 부착된 가짜 명품 가방, 지갑, 벨트, 신발, 의류, 시계 등을 판매하는 사람이다.

(1) Any person;

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