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(영문) 서울서부지방법원 2016.08.30 2016고단1405
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. No trademark identical with a trademark registered with another person for sale of goods bearing a forged trademark shall be used for goods similar to the designated goods or used for goods identical with or similar to the designated goods;

Nevertheless, while opening and operating Internet personal shopping mall C(D), NAV B B, NAP / F, the Defendant obtained trademark registration (No. 0889819, No. 0795622, No. 034072) from the victim, and obtained trademark registration (No. 0497230, No. 049946) from the Internet personal shopping mall, and obtained trademark registration (No. 0497230, No. 0419946) from 00 BU (BURRY), 1000, 2000, 300-7, 40-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, 50-7, etc.

Therefore, on June 3, 2015, the Defendant posted a photograph, etc. that he sells golf clothes, etc. at the above C’s website (D) and sold them to G for KRW 27,500, and received the payment from the Defendant’s name bank account (H) from that time to March 7, 2016, as shown in attached Table I, II, and III, with a total sales price of KRW 95,167,50,00 in total, as shown in attached Table I, II, and III.

Accordingly, the defendant infringed the victims' trademark rights.

2. A trademark registered with another person or a trademark similar thereto possessing for the purpose of sale of goods bearing a forged trademark;

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