logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.03.27 2014고단3328 (1)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In C, Co-Defendant D and Cambodia, the Defendant conspired to import and sell counterfeit c, and C planned to take charge of confirmation of the present goods, purchase of goods, and D's domestic wholesale and sales, and to divide the profits from the sales of the above imported goods.

On May 1, 2008, the Defendants purchased 8,000 so-called “LEVIS”, a well-known trademark registered with the Korean Intellectual Property Office, from Cambodia in collusion with C and D, and carried 6,930 points out of the above Cheongsan-si, a well-known bonded warehouse located in Yangsan-si (540,540,000 won at the market price of the goods), and carried 1,070 points in the remaining 1,070 points (83,460,000 won at the actual market price of goods) into the U.S. bonded warehouse located in Yangsan-si and sold them on or around July 1, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution C;

1. Statement to E by the police;

1. A copy of each shipping document and tax invoice attached to monitoring material photograph, import declaration certificate, Inc., marketing list, price declaration, each import cargo/customs clearance process information, monitoring enterprise information, import agency contract, goods consignment sales contract, fake shipping documents, data acceptance report (Evidence No. 33).

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 93 of the relevant Act concerning facts constituting an offense, Article 93 of the elective Trademark Act, and Article 30 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act under the suspended sentence [Scope of Recommendation] The act of infringing on registration rights is not distributed in the case where the infringing goods are not distributed in the basic area (10 months to 2 years) (2 years) (special mitigation) (special mitigation).

arrow