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(영문) 의정부지방법원 고양지원 2018.08.09 2018고단1005
상표법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of E Co., Ltd. located in D in Pakistan-si.

No one shall use a trademark identical with another person's registered trademark for goods similar to the designated goods, or any trademark similar to another person's registered trademark on goods identical with or similar to the designated goods, and shall possess no trademark identical with or similar to the designated goods bearing another person's registered trademark or any other trademark for the purpose of transferring or delivering such trademark

The Defendant, without the right to use the trademark, imported and sold 2 points from the Incheon Airport through the Incheon Airport, after being aware of the fact that the Defendant was prohibited from importing the products bearing the trademark “BEAUTRES”, a trademark registered with the Korean Intellectual Property Office as a trademark registration number No. 0091455, and a trademark registration number No. 0114236, a trademark registered with the Korean Intellectual Property Office, which is a trademark registration number No. 014236.

From around that time to June 30, 2017, the Defendant: (a) imported 578 U.S. dollars 538,193 US dollars over a total of 31 times, as indicated in the list of crimes attached hereto; and (b) sold 548 US dollars 578 points among them under the name of E Co., Ltd.; (c) 30 points were kept for sale and registered with the Korean Intellectual Property Office by SIMFNS and BEUTRRES, a trademark holder registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the complaint and ruling of the claim, such as the E-site (F) closure screen and prohibition of trademark infringement, a copy of the copy of the register of the trademark "SIMFNS", "BEAURES", a copy of the register of the registration of the trademark in the name of the Dispute Resolution Co., Ltd., the records of the import of the lease in the name of the Dispute Resolution Co., Ltd., each investigation report (as a result of a trademark holder's appraisal of the suspect import and lease, the basis for preparation of the list of crimes, the first ruling of prohibition of trademark infringement of the Korea SmonS, the list of seizure and seizure, the list of suspects (f)

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