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Defendant
A Imprisonment with prison labor for one year and for ten months, respectively.
, however, for two years from the date this judgment has become final.
Reasons
Punishment of the crime
Defendant
A is a F representative of a company importing and selling tools located in Dong-gu Incheon Metropolitan City E building 24 Dong-dong 316, and Defendant B is a H representative of a printing company located in Bupyeong-gu Incheon Metropolitan City.
The Defendants conspired with the deceased I (the father of the Defendant A) and imported saws and circular saws, etc., Defendant B, in collusion, displayed the same mark as a well-known trademark on the imported goods under the above E-building 7 212, or conspired to sell it after indicating the origin in a false manner.
1. The Defendants in violation of the Trademark Act imported 10,00 points from China on September 6, 2013, and marked a mark identical to the trademark "KYG" registered under 0581000 with the Korean Intellectual Property Office on September 6, 2013, and sold it to intermediate distributors such as J, etc., thereby infringing the trademark rights of the trademark rights holder. As indicated in the attached list (1) of the crime list, the Defendants sold a forged trademark equivalent to a total of 191,30 points (1,025,150,000 won at the fixed price of goods) such as the printed 11,00 11,00 (326,375,000 won at the fixed price of goods) on the original saw-day and cut-out, etc., and infringed the trademark rights of the trademark rights holder.
2. No trader or distributor of goods, etc. in violation of the Foreign Trade Act shall make a false or misleading indication of origin;
Nevertheless, on November 12, 2013, the Defendants falsely indicated the origin on the cut stones of 182,300 points (sale price of 140,700,000) as shown in the attached list of crimes (2), including attaching “Made in U.S.A. St.” St. 60,00 points imported from China, according to the above public offering.
Summary of Evidence
1. Defendants’ respective legal statements
1. Legal statement of the witness B;
1. Each police suspect interrogation protocol against J, K, L, M, N, andO