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(영문) 광주지방법원 순천지원 2013.12.12 2013고정791
상표법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

B At the early 2012.6.6.6.6.201 Pool, China, without the permission of the owner of the trademark right, Pool/Llecom;

EL. A.I.D. sold 13,50 won per head to C in Korea the same route as “PLO” registered with the Korean Intellectual Property Office under the trademark registration number No. 041070 and 400 children’s air conditioners manufactured using the trademark, using the trademark, to the Korean Intellectual Property Office, as children’s uniforms, etc.

Defendant for the same year

6. around October, 10, the Defendant’s house located in Dayang-si D apartment 204 Do 1303, 1303, prepared a transaction list using a computer to assist the transaction between B and C with the knowledge that the said Dorts were the household goods, and then sent it to C’s e-mail (E). Around that time, the Defendant sent the purchase place receipt and invoice to F, and let the customs broker F submit them to the customs office, etc., cleared the said Dorts into China from China, and then Dorts deliver the said Dorts to C, thereby facilitating their trademark infringement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Investigation report (Evidence as a result of appraisal);

1. Application of Acts and subordinate statutes to the Investigation Report (Trademark Register);

1. Relevant legal provisions concerning criminal facts, Article 93 of the Trademark Act, Article 32(1) of the Criminal Act and the choice of fines;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The first offense for sentencing under Article 334(1) of the Criminal Procedure Act is the first offense for which a provisional payment order is issued, and the crime of this case is committed in relation to aiding and abetting act, etc.

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