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(영문) 부산지방법원 2018.04.12 2018고단497
상표법위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor of 10 months and by imprisonment with prison labor of 6 months.

Reasons

Punishment of the crime

[criminal history] Defendant C was sentenced to a suspended sentence of one year and six months for a violation of the Trademark Act at the Busan District Court on August 18, 2016, and the decision became final and conclusive on the 26th of the same month, and is still under the suspended sentence.

[Criminal facts]

1. Defendant A and D’s violation of the Trademark Act share the following roles: (a) Defendant A and D’s intent to sell any forged foreign-use brand fixtures, bags, clothing, sports paintings, etc. via an open market (Gmarket, NAV SP, etc.); (b) Defendant A share the overall control over the import and sale of counterfeit goods; and (c) Defendant D share the role of delivering goods to buyers upon receiving orders via the Internet order.

A. As a result, from July 2017 to January 24, 2018, the said Defendants sold forged goods, such as clothes, sports paintings, and land bags, with a trademark identical to and similar to the Korean Intellectual Property Office (NIKE) at the age of 871 marks (1.845,540,000 won at the market price of authentic goods), such as clothes, sports paintings, and land bags, which had been attached to the Korean Intellectual Property Office, a trademark holder, as shown in the attached list of crimes / [1] of the United States, the trademark holder, “cop,” etc., designated by the Korean Intellectual Property Office as clothes, sports paintings, and paper bags.

B. At around 14:30 on January 24, 2018, the Defendants, who possess counterfeit goods for sale, possess the trademark right for the purpose of transfer or delivery / [2] attached Table 1,384 (32,8570,000 won at a fixed price) of counterfeit goods, such as bags (LUIS VUTON) attached to the Korean Intellectual Property Office, and registered with the Korean Intellectual Property Office as “the trademark right holder supplied by the non-processed goods supplier in the office 307 office of the above NN building and 205 warehouse of the same building,” the trademark right holder of the trademark right, who is the trademark right holder at the age of the Korean Intellectual Property Office, designated the designated goods as bags, bags, etc. and registered with the Korean Intellectual Property Office.

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