2015 High Court Decision 978Ga. Violation of the Trademark Act

(b) Assistance in violation of the Trademark Act;

(c) Helping against the Foreign Trade Act;

(a) A;

Park Jong-young (prosecution), knife (public trial)

May 15, 2015

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1. An aid aid in violation of the Trademark Act by delivering forged stickers;

B around December 3, 2013 and around March 4, 2014, the trademark rights of the Victim MMcom were infringed, and around January 17, 2014, from D offices located in Dong-gu Incheon Metropolitan City C 24 Dong 316, 1,100 circular saws Day around January 17, 2014, and 3,900 circulars Day on March 4, 2014, which were imported from China, to each of China, and sold them to intermediate distributors, thereby infringing the trademark rights of the victim Gyeyang Electric Co., Ltd.

As above, the Defendant aided and abetted the infringement of the trademark rights of the above B by seeking from the non-merchants 9,950 copies of the packaging site on which the trademark is attached, 71,540 pages 71,540 on November 7, 2013, and 51,100 pages 51,100 on December 28, 2013, and 9,950 pages 9,950 on January 13, 2014 on which the trademark is attached, and then delivering them to B, and attaching them to the stone or allowing B to use them as packaging.

2. Violation of the Trademark Act following sale or storage of forged trademark original saws.

At the above D office around November 17, 2013, the Defendant purchased more than 50 of the original saws attached with the trademark "KYG" for "KYG", which is the registered trademark of the injured party Gyeyang Electric Electric Co., Ltd., and stored 150 of the original saws around November 21, 2013 for sale, and infringed the trademark rights of the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police interrogation protocol on the accused and B;

1. Details of transactions and diskettes;

1. Each protocol of seizure and the list of seizure;

1. Each report on investigation;

1. A letter of transfer;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 93 (Violation of Trademark Act, Selection of Fine) of the Trademark Act, Article 93 of the Trademark Act, and Article 32 (1) of the Criminal Act

1. Aid and mitigation;

Articles 32(2) and 55(1)6 of the Criminal Act (Article 32(2) of the Criminal Act)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Hwang Sung-sung