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(영문) 대전지방법원 2016.12.07 2016고단2778
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) imported new shoes, etc. attached with a forged trademark from the Chinese branch from the Chinese branch to the Chinese branch and sold them on the online market; (b) operated a call center in Korea to deal with customer reception, refund, etc.; (c) opened an office in Seo-gu, Gwangju to respond to the request for the management of the returned goods; and (d) employed an employee to respond to customers, such as F, in the Chinese name of G; (c) used an operator in the Chinese branch, “H”; (d) the Defendant’s next name, “J”, “K, an employee, and “K, an employee,” and “K, an operator in the name of the Chinese branch; (e) registered the open market as an operator in the open market; and (e) D, an accomplice, while residing in China, sold goods on the above open market website; and (e) conspired to sell the goods through the order-making website, etc. after posting a sale advertisement as if the goods were sold on the above open market website; and (e) conspired to sell the goods in Korea.

No one shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

Nevertheless, the Defendant, in collusion with D and other accomplices on January 5, 2016, sold the registered trademark (registration number No. 144174) in the shape, such as the trademark right holder’s age, to L, through the H seller’s website, and infringed the trademark rights of the trademark right holder by selling 35,017 points, such as a new box with the trademark affixed in the shape, from December 9, 2015 to July 3, 2016, as shown in the attached list 1 to 3, 2016.

2. Goods, etc. subject to forged trademarks, for sale;

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