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(영문) 부산지방법원 서부지원 2020.01.15 2018고단1822
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From the end of 2017 to September 4, 2018, the Defendant: (a) was supplied and sold to the Korean Intellectual Property Office by the French “C” company, Italian “D” company, and Luxembourg “E” company, the holder of the trademark right, from the intermediate supplier in Busan Dong-gu, Busan, to the intermediate supplier in order to sell the counterfeit goods after being supplied with a bank, wall, wall, etc. with the designated goods designated to the Korean Intellectual Property Office as “F”, “G”, and “H”, respectively; and (b) possessed to transfer or deliver a total of 41 points (if the goods are not at the market price) as shown in attached Table 1.

Accordingly, the defendant infringed the trademark rights of the above trademark right holder.

2. From December 31, 2017 to April 1, 2018, the Defendant, along with I and J, filed a prosecution against the victim’s French “C” company, “M” company, Italian “D” company, and Luxembourg “E” company, etc., designated and registered the designated goods in the Korean Intellectual Property Office as a bank, lock, etc., with the Korean Intellectual Property Office, and registered the designated goods as a household, lock, etc., “F,” “N”, “G”, and “H,” without specifying the registered trademark, etc. subject to infringement in the indictment. However, in light of the evidence duly adopted by the court, the content and process of the instant trial, etc., the prosecutor of the attached list 2 did not recognize it by specifying it without the process of amending the indictment.

The total amount of KRW 602,00,000 was sold over 34 times, such as the statement.

Accordingly, the defendant, in collusion with I and J, infringed the trademark rights of the above trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report (No. 2, 4, 5, and 6 of the evidence list), each investigation report (No. 7, 11, 22, and 28 of the evidence list);

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

1.Investigation Report (Attachment to Appraisal Reports and the Price List of the said Products);

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