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(영문) 인천지방법원 부천지원 2019.05.16 2019고단453
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No person who manufactures forged goods shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to the registered trademark of another person for the purpose of using it for goods identical with or similar to the designated goods without due cause;

From the end of 2014, the Defendant: (a) operated an enterprise with the trade name “C” from the end of 2014, operated in Seocheon-gu B and C; (b) marked up a photo of counterfeit goods into “E” in D; and sold counterfeit goods by taking orders from these retails; (c) purchased an open ice without the trademark indication; and (d) manufactured, at the above office, a victim who is a trademark holder of the Republic of Korea, using a printing machine, a trademark right holder of the trademark “F” F, “A trademark registration of the same or similar trademark as a trademark number G,” using a trademark identical or similar to a trademark registered with the Korean Intellectual Property Office in accordance with the attached list of crimes (1) using a trademark identical with or similar to the trademark registered with the Korean Intellectual Property Office of Korea, thereby producing an open f,093 points (the market value of goods 9,139,500 won).

2. No person who possesses forged goods for the purpose of transfer shall possess goods identical or similar to the designated goods bearing another person's registered trademark or any other trademark similar thereto for the purpose of transfer or delivery without any justifiable reason for use;

On August 27, 2018, the Defendant possessed, at the place indicated in the foregoing Paragraph 1 above, for sale, a total of 3,861 points of counterfeit goods bearing a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (2,370,000,000 won of the fixed goods market price) as indicated in the attached list of crimes (2,370,000,000), “F” registered with the Korean Intellectual Property Office as trademark number G, which is a trademark holder of the Republic of Korea.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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