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(영문) 서울중앙지방법원 2019.06.20 2019고단2343
상표법위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

1. Defendant A, through online (on-line) shopping mall from February 16, 2018 to January 28, 2019, sold 1,927 counterfeit items, such as the clothes on which each trademark holder’s trademark is attached (1,340,683,00 won), including 934 points on which each trademark holder’s trademark holder’s trademark is attached, and 1,927 points (1,340,683,000 won), and each trademark holder’s trademark right was infringed.

2. The Defendants conspired, on January 31, 2019, at “C” stores located in Gangnam-gu Seoul Metropolitan Government, the Defendants infringed upon each trademark right holder’s trademark right by carrying 148 counterfeit goods, such as clothing attached by each trademark right holder (116,927,00 won), including 36 points on which the trademark identical to the above E trademark, and 148 points on each trademark right holder’s counterfeit goods, such as clothes attached with the trademark identical to the above E trademark, for sale to many and unspecified persons.

Summary of Evidence

1. Defendants’ respective legal statements

1. Integrated management of police seizure records, financial transactions of the principal, and sales records;

1. The original trademark register;

1. Application of Acts and subordinate statutes to investigation reports (the result of appraisal of whether the goods are fixed);

1. Article 230 of the Trademark Act: Violation of the Trademark Act pursuant to the sale of forged goods under Article 230 of the Trademark Act, inclusive, by each owner of the trademark right;

Article 230 of the Trademark Act and Article 30 of the Criminal Act (Violation of the Trademark Act due to possession of forged goods for sale purpose) comprehensively covers each owner of the trademark right.

(1) Defendant B: Each trademark right holder’s trademark right holder’s trademark right holder’s trademark right holder’s trademark right and each trademark right holder’s trademark right holder’s trademark right.

1. Concurrent Crimes: the Defendants’ former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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