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(영문) 부산지방법원 2018.05.10 2018고단242
상표법위반
Text

Defendant

A Imprisonment for one year, for six months, for six months, and for ten months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A and B are persons operating precious metal (such as arms, necks, reflectrs, etc.) with the trade name “H” on the 3rd floor of the Busan-gu G building, Busan-gu, and Defendant C is a person who operates gold embankments with the trade name “J” from the 1st floor of the Busan-gu, Busan-gu.

The Defendants were willing to sell fake metal products manufactured with each overseas famous trademark affixed to the gold-free business owners. Defendant C shared the role of gold-free business owners in receiving orders from the gold-free business owners through the above "J" shop, and Defendant A and B shared the role of manufacturing orders using each type of machine possessed by the above "H" business.

According to the division of roles as above, on May 29, 2016, the Defendants received an order from K, the owner of a bank business, to request the manufacture of gold scrap, each of which is a trademark, and “the owner of a trademark right” manufactured 18k gold scrap, each of which was registered with the Korean Intellectual Property Office by designating the designated goods as precious metal, etc. and registered with the Korean Intellectual Property Office as precious metal.

In addition, from around that time to June 29, 2017, the Defendants made 80 precious metal products worth 475,900,000 won in total, as indicated in the attached list of crimes, and sold or stored them for sale.

As a result, the defendants conspired to infringe the trademark rights of the above trademark right holders.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Copies of each protocol concerning the examination of suspects of the police against L, M, N,O, P, or K;

1. Each police statement made to Q and R;

1. Police seizure records;

1. Responses to cooperation in investigation, replies to requests for cooperation in investigation, reports on investigation (Attachment of trademark data collection), investigation reports (Attachment of a copy of evidence of seizure), investigation reports (Attachment of a business registration certificate), copies of design registration certificates, investigation reports (Attachment of trademark right register), respectively;

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