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(영문) 서울북부지방법원 2014.05.16 2014고단670
상표법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants purchased forged bags with overseas famous trademarks from the manufacturer, sold them to the Do and retail stores, etc. in the Dongdaemun-gu market (hereinafter referred to as "sayma"), and sentenced them to profits from the latter manufacturer, and Defendant B took charge of receiving bags from the above manufacturer and delivering bags to the above Do and retail stores, and Defendant A took charge of collecting the proceeds therefrom from the above Do and retail markets.

On July 17, 2013, at around 22:40, the Defendants kept the forged metal 80 points attached to the Eystex, which are parked in the instant officetel underground parking lot at around 22:40 on the same day, for sale to the above wholesale and retail, with a trademark identical or similar to the design registered (registration No. 010960) by the owner of the trademark right to the Korean Intellectual Property Office, for the purpose of selling the forged 15 points (large 83 points, middle 61 points, small 11 points, and total 317,200,000 won) attached with the trademark identical or similar to the design registered (registration No. 01060).

Accordingly, the Defendants conspired to infringe on the trademark right of the above trademark right holder.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of the title of seizure site photographs, records of seizure/lists, records of seizure/lists, photographs of seized articles, investigation reports (written appraisal of seized articles and the original register of the infringed trademark), appraisal opinions and opinions, and the price lists of authentic articles;

1. Article 93 of the Trademark Act and Article 30 of the Criminal Act concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. Article 62(1) of the Criminal Act of the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1448, Apr. 1, 2006)

1. Article 62-2 of the Criminal Act of each community service order;

1. Confiscation (Defendant B) Article 97-2 of the Trademark Act

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