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(영문) 부산지방법원 동부지원 2019.06.27 2019고단451
상표법위반
Text

Defendants shall be punished by imprisonment for ten months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, B, C, and D purchased foreign counterfeit goods brand bags, paperets, oral, clothing, visual, etc. and conspired to sell counterfeit goods and to share profits accrued therefrom with each other on the Internet homepage "E" established by them. Defendant A managed the website, such as the posting of counterfeit goods, and confirmed the details of deposits from buyers, and reported them to the above C, and provided counseling services for the sale of the goods. Defendant B, who is in charge of counseling with buyers and the photographing of counterfeit goods, and D, who is in charge of counseling with buyers, sold counterfeit goods and conspired to share profits accrued therefrom.

1. From the date of 2017 to September 4, 2018, the Defendants: (a) from the intermediate supplier at the above location, the French “F”; (b) The Italian “G”; and (c) the Luxembourg “H” of the Republic of Korea, each of which was designated and registered with the Korean Intellectual Property Office as a trademark right holder; and (d) sold a bank, wall, etc. with the trademark attached with the same or similar trademark attached to the Korean Intellectual Property Office; and (b) possessed a total of 41 points (market price) for transfer or delivery as shown in the attached list of crimes (1).

Accordingly, the defendant infringed the trademark rights of the above trademark right holder.

2. From December 28, 2017 to June 3, 2018, the Defendants selling counterfeit goods, along with C and D, committed an offense list (2) in attached Form 3: (a) a trademark right holder, French “F”, “M”, Italian “G”, and Luxembourg “H” respectively, designated and registered with the Korean Intellectual Property Office as a household, wall, wall, etc. with a trademark identical or similar to C and D attached to C and C, and from June 28, 2017 to F, “M”, “G”, and “L”, respectively.

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