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(영문) 부산지방법원 2016.03.31 2015고단7973
상표법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants jointly run Internet site “E” and “F at the office located in Yangsan City D from early 2014 to July 2015.

From March 4, 2015 to July 2, 2015, the Defendants sold clothing (registration number 40-0776-00) with a total of 386 points (registration 81,234,570 won in total) identical or similar to the trademark "SOE ISO (registration 40-07777-000)," registered with the Korean Intellectual Property Office by "E" through the above site "E", as shown in the attached list (2) of crimes, from May 1, 2015 to July 2, 2015, the trademarks identical or similar to the above site "F 2,000," and the trademarks identical or similar to the above 30-day 2,000-day 2,000-day 3,000-day 2,000-day 2,000-day 3,000-day 2,000-day 2,015.

As a result, the Defendants conspired to infringe on the trademark rights of the trademark owners.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation reports (as to the control results and field photographs), investigation reports (as to attaching photographs of seized articles), investigation reports ( as to whether a trademark is registered or not), investigation reports ( as to the market price of authentic articles), investigation reports ( as to the amount of trademark infringement) and investigation reports ( as to the amount of trademark infringement);

1. E sales details and F sales details;

1. Seizure records;

1. Application of the relevant Acts and subordinate statutes to opinions on the result of appraisal of truth;

1. Each Article 93 of the Trademark Act and Article 30 of the Criminal Act concerning facts constituting an offense (referring to each registered trademark);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between violations of each Trademark Act due to the custody of forged goods);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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