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(영문) 대전지방법원 2017.01.10 2016고단3551
상표법위반
Text

A person shall be punished by imprisonment with prison labor for eight months and six months, respectively, for a crime set forth in Article 2 of the judgment.

Reasons

Punishment of the crime

[criminal records] The Defendant is a person who was sentenced to a suspended sentence of two years on September 9, 2016 by the Seoul Northern District Court on February 18, 2016, for a violation of the Trademark Act, at the Seoul Northern District Court, for one year and six months, and is still under the suspended sentence.

[Criminal facts]

1. On July 2016, the Defendant, along with H and I, employed employees whose name cannot be known, and recruited a “K” production factory located in J 2 in Yangyang-si, Nam-si, Nam-gu, J. 2, and the Defendant supplied raw materials, etc. after printing the above factory. The Defendant, along with his employees, conspired to build a bank by attaching a forged trademark after cutting down semi-finished goods supplied at the above factory, etc. The Defendant, along with his employees, conspired to use the above sealed bags to check and pack and supply them to the transaction parties, and to contribute to manufacturing bags, etc. with the trademark attached.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, on September 1, 2016, the Defendant, in collusion with H and I, etc., who is an accomplice, manufactured a trademark registration trademark (registration number No. 571868) of MM at the above K plant in M M, and manufactured a bags 1,305 with the same shape as the trademark registered by the trademark owner, as described in attached Table I, and manufactured a total of 5,225 points (a total of 4,180,000,000,000 won) with the trademark owner, such as the trademark owner’s registration as described in attached Table I, and thereby infringed the trademark right of the trademark owner.

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

Nevertheless, on October 4, 2016, the Defendant is forged in a warehouse located in Lanyang-si, Namyang-si, as described in the foregoing paragraph (1).

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