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(영문) 부산지방법원 동부지원 2016.11.10 2016고단1823
상표법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

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

The defendant from January 1, 2015 to the same year.

3. Until September 19, the Defendant’s house located in Busan Shipping Daegu B, 102 Dong 1710, operated the “C” of the Internet clothing shopping mall, and sold 1,202 points (739,99,500 won at the fixed price of goods) identical with or similar to the designated goods on which another person’s registered trademark is marked, as shown in the attached list of crimes (i) as well as sales of the goods marked with the trademark “THM BRNE” registered with the Korean Intellectual Property Office as the trademark No. 0024637.

On March 19, 2015, the Defendant continued to possess to transfer 234 points (137,832,50 won at the fixed price) identical with or similar to the designated goods on which another person’s registered trademark is indicated, as indicated in the attached list of crimes (2), on the part of the Korean Intellectual Property Office, a trademark similar to the “THM BRNE” trademark, which was registered with the Korean Intellectual Property Office by 0024637.

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (on the spot control of counterfeited goods sales stores), investigation reports (on the analysis of details of sales), investigation reports (on the fixed value of goods and the trademark registration register), investigation reports (on the authenticity and correctness of seized goods), and investigation reports (on the authenticity

1. Article 93 of the former Trademark Act (amended by Act No. 13848, Jan. 27, 2016) (amended by Act No. 13848, Jan. 27, 201) regarding criminal facts and the choice of punishment.

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