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(영문) 대구지방법원 서부지원 2017.01.05 2016고단2322
상표법위반
Text

Defendant

A Imprisonment of one year and six months, and one year, and one year, respectively, Defendant D, E, and F shall be punished by a fine of 2,50,000 won.

Reasons

Punishment of the crime

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.

1. The Defendant’s sole crime committed by Defendant A: (a) purchased all of the parts of the Samsung Electronic Smartphones forged from China; (b) purchased them in the office without a trade name of 30 square meters in size on the 2nd Seo-gu, Daegu-gu, Daegu-gu, from April 1, 2015 to September 31, 2015; and (c) purchased all of the forged parts of the Samsung Electronic Smartphones from China; and (d) dismantled them with a pre-purchased and reconstructed back them with a new part of the Chinese origin after dismantling the front and the front cover of the purchased smartphones, and then reconstructed them with a new part of the Chinese origin (i.e., referring to 30 square meters, 3, 3, 3, 3, 3, 3, 3, 3 and 4, 3, 444, 70, 100, 400, 400, 400, 407, 400

2. Defendants A, B, C, D, E, and F co-defendants conspired to manufacture and sell forged smartphones. Defendant A was in charge of overall control over manufacture; Defendant B was in charge of smugglinging smartphones from China; Defendant C was in charge of delivering, selling, and selling forged smartphones while taking charge of logistics storage in the 2nd floor office of the N-cafeteria in Daegu Seo-gu M; Defendant D and Defendant E was in charge of inventory management and logistics. Defendant F was in charge of inventory management and logistics.

The Defendants, from October 1, 2015 to January 15, 2015, at an office without a trade name of 30 square meters located in the 2nd floor in Daegu-gu, Daegu-gu from October 19, 2016, have all factory facilities, such as work sites, load-resistant machinery, pressure-driven equipment, smoking equipment, and abandonment, which are forged from China.

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