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(영문) 의정부지방법원 2016.06.22 2016고단1555
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 through 19 (Medical District Prosecutors' Office No. 954, 2016).

Reasons

Punishment of the crime

On February 8, 2013, the Defendant was sentenced to imprisonment with prison labor for violating the Trademark Act by the Daejeon District Court, and on August 11, 2013, the Defendant completed the execution of the sentence by the branch office of the Daejeon District Court.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on the goods identical or similar to the designated goods.

1. On March 1, 2016, the Defendant: (a) provided the raw materials and subsidiary materials for the manufacture of counterfeit products from E in a storage warehouse located in Mari-si, Mari-si; (b) requested F to the Korean Intellectual Property Office for the manufacture of physical uniforms bearing the same trademark as the trademark registered under the trademark “Sapt” and registered under the trademark No. 084028 and 0066230; and (c) F manufactured 400 physical uniforms on which the said trademark is attached at a factory located in G 1st floor located in Nam-si, Namyang-si, the Republic of Korea (10,000 won per market value of 1 fixed goods) and delivered them to the Defendant and E.

Accordingly, the defendant, in collusion with E and F, used a trademark identical to another person's registered trademark on the same goods as the designated goods, thereby infringing the trademark right of the trademark holder.

2. On March 21, 2016, around 11:02, the Defendant: (a) held the trademark right holder’s 50 strings owned by the Defendant while holding 3 strings (200,000 won per one point at the fixed price) with the trademark identical to the trademark “Saart” on the street on the street in Seo-gu, Seo-dong 406, Seo-dong 406; (b) held the strings with the trademark identical to the trademark “Sapt” (200,000 won per 1 selling price); and (c) held the strings with the strings owned by the Defendant; and (d) held the 50 strings for the upper half of the strings (47,00 won per 1 selling price, and 200,000 won per 1 selling price).

3. At around 14:15 on April 20, 2016, the Defendant: (a) around 14:15, at the storage of “D” as indicated in the foregoing paragraph 1, the time when the additional time was fixed at the store; (b) as above, Shari’s trademark registered as “Say” was attached with the same trademark; (c) 662 sets-out clothes under the mother tank where the trademark is attached (20,000 won per one point at the market price of refined goods).

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