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(영문) 서울북부지방법원 2019.10.17 2019고단2539
상표법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

1. Around April 6, 2018, the Defendant sold the forged goods to KRW 150,000, in total five times from the above date to February 17, 2019, a total of 666,000 won, when he/she arbitrarily uses a false trademark (trademark registration number: 030235) registered with the Korean Intellectual Property Office as the designated goods, by receiving advertisements and orders through SNS B, which is a trademark right holder, as the method of receiving orders.

2. On February 20, 2019, the Defendant: (a) held one false and forged trademark (trademark registration number: 0330235) which arbitrarily uses the processed trademark on the DMW car located near Dobong-gu Seoul Metropolitan Government (trademark registration number: 030235) without legitimate authority; (b) one false and forged trademark (trademark registration number: 0132874) which arbitrarily uses the former one without legitimate authority; (c) one false and forged trademark (trademark registration number: 040466) which arbitrarily uses the former one without legitimate authority; and (d) one false and forged trademark (international registration number: 1161983) which arbitrarily uses the latter without legitimate authority.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the report of arrival and arrival of internal investigation);

1. Report of investigation (a copy of suspect examination protocol related to the same criminal record as a suspect), - Copy of suspect examination protocol;

1. An investigation report (Attachment to the suspect B-off screen), -B-off screen outputs;

1. Investigative report (assumptive purchase by a person under internal investigation), a copy of the transport certificate, - a photographic photo;

1. Investigation report (a summary of account transactions in the name of a suspect A), - a summary of details of transactions;

1. Investigative report (verification as to whether a suspect A or not goods are sold);

1. Investigation report (Attachment to the household trademark register purchased from A of a suspect);

1. Investigation report (Attachment to the original trademark register of a person having trademark right to damage);

1. Investigation report (the results of examination of siren data);

1. Investigation report (verification of a registration number of a trademark in rain);

1. Investigation report (Attachment of trademark-related data);

1. Protocol of seizure;

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