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(영문) 서울중앙지방법원 2014.05.27 2014고단2189
상표법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence1 through 35 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. From March 20, 2014 to April 8, 2014, the Defendant violated the Trademark Act due to the Defendant’s act of manufacturing a false trademark, installed on the first floor of the Dongdaemun-gu Seoul Building C, two machinery and two work units, etc. to print a foreign master trademark on the ship’s license, on a line without a brand imported from China, using the said machinery in a line with a trademark imported from China, and arbitrarily printed a trademark “PRADA” trademark (registration number: No. 350206) registered as designated goods by arbitrarily printing the trademark “PRA” trademark (registration number: No. 350206), and then kept one thousand goods with the trademark owner’s arbitrarily attached, such as the trademark list 1,470 (goods: 1,084,510,00 won).

Accordingly, the defendant infringed trademark rights of trademark right holders.

2. Around April 8, 2014, the Defendant violated the Trademark Act due to the act of safekeeping fakes, etc., at the above location, the Defendant purchased from a person whose identity is not known, and stored 171 fakes (122,875,00 won: 12,875,00 won) arbitrarily attached to the trademark registration mark “MONC” (registration number: No. 387543) which had been registered as designated goods on the part of the owner of the trademark as the designated goods, and stored them at the above location for the purpose of selling them to many and unspecified persons.

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Defendant's legal statement;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. Each police statement made to D and E;

1. Statement of seizure of each police;

1. Seized objects and photographs;

1. Application of Acts and subordinate statutes to investigation reports (storage of seized goods, price of counterfeit goods, famous brand, trademark investigation, price list of authentic goods, trademark register);

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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