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(영문) 서울동부지방법원 2016.11.24 2016고단3361
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 11 shall be confiscated.

Defendant 25,851.

Reasons

Punishment of the crime

The Defendant is a person who operates a sales office and warehouse of household goods with the trade name “D” in Speaker-si.

1. On September 27, 2016, the Defendant infringed on each trademark right by possessing to sell the total 3,335 punishment (total 439,314,00 won at the market price of estimated goods) of the clothes on which each forged trademark is attached, as described in the attached Table 1, as shown in the attached Table 1, including Titts 139 punishment attached with the same pattern as the registered trademark of “NIK” (registration number No. 0065487) of the trademark right holder “NIK” (No. 065487).

2. From September 8, 2015 to August 24, 2016, the Defendant received and sold the price of KRW 3,680,000 from E apartment, 118 Dong Dong Dong-dong F, who had the same shape of counterfeited trademark as “BLCK” (registration No. 0638534), a registered trademark of “BLAK” (registration No. 0638534), from around September 8, 2015 to around September 27, 2016, the Defendant, while becoming aware of the 368 punishment, a registered trademark of “BLAK YK” (registration No. 06384), he/she received and sold the 3,880,000 won in total from around March 25, 2015 to around September 27, 2016, with the total of KRW 11 business partners who had the trademark affixed each forged trademark, and sold the 3,010 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and G concerning the accused;

1. Each protocol of seizure and the list of seizure (each evidence list Nos. 4, 5, 23, 24);

1. Suppression photographs;

1. Price of authentic goods for cases violating trademark rights;

1. Eight copies of the deposit account statement by day on the sales amount received by the suspect after selling household goods; and

1. A copy of the deposit account statement by day on the sales amount received by the suspect after selling household goods; and

1. Seven copies of the deposit sales account by day on the sales amount received by the suspect after selling household goods; and

1. Report of investigation (report appended to the trademark register);

1. Investigation report (Presumption of the market price of goods);

1. Investigation report (Binding paper, etc.);

1. Investigation reports (verification of delivery services) 1.

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