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(영문) 서울중앙지방법원 2013.12.26 2013고단1666
상표법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of four million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A operated D from around 2008 to June 1, 2012, E from around 2008 to August 201, and from August 17, 201, Defendant A operated Company E.

A person who has changed from July 9, 2012 to B and actually operated the above corporation B until now.

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

From May 2010 to August 2012, the Defendant manufactured other products from G, which was voluntarily registered with the Korean Intellectual Property Office by the victim H from May 2010 to August 2012, and sold 3,454 other products (average estimated market price: 705,626,694 won) manufactured through the Internet or general retail.

The Defendant infringed the trademark right of the victim.

2. Defendant B is a corporation with the objective of manufacturing business, etc.

From August 17, 2011 to August 2012, the Defendant infringed on the victim’s trademark right by manufacturing “I” (registration number: J) and “K (registration number: L: Average Estimated Price: 208,967,198) arbitrarily registered with the Korean Intellectual Property Office by the victim H in relation to the Defendant’s business, and selling a total of 1,462 (average Estimated Price: 208,967,198).

Summary of Evidence

1. Defendants’ respective legal statements

1. Part concerning the defendant's statement of M in the fourth police interrogation protocol

1. The prosecutor's statement concerning H;

1. Each police statement about N,O, or P;

1. Statement of police seizure;

1. The original trademark register and a detailed statement of transactions;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 93 of the Trademark Act (Options of Imprisonment);

B. Defendant B: Trademark Act

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