209 High Court Decision 2194 Violation of the Trademark Act

1. A;

2. B;

Flags

January 19, 2010

1. Defendant A shall be punished by a fine of 3,00,000 won, and Defendant B shall be punished by a fine of 3,000,000 won.

2. Where a defendant A fails to pay the above fine, the defendant A shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

3. To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

Defendant B is a company with the objective of manufacturing completes, etc., and Defendant A is the representative director of Defendant B.

1. On April 4, 2007, around November 11, 2007, Defendant A had F (53 years of age) manufacture and supply a block 10,00 with the same trademark as “G”, which is a trademark registered with the Korean Intellectual Property Office, and had Defendant A manufactured and sold approximately 131,80 block wheels marked “G” up to nine times between May 11, 2007 as shown in the attached Form, and thereby infringed F’s trademark rights.

2. Defendant A, a representative director, had Defendant A perform the act under paragraph (1) in connection with his business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the police interrogation of the suspect;

1. Statement of D police statement;

1. A copy of the transfer agreement of intellectual property rights;

Application of Statutes

1. Article applicable to criminal facts;

Defendant A: Article 93 of the Trademark Act

Defendant B: Articles 97 and 93 of the Trademark Act

1. Selection of punishment (Defendant A);

Selection of Fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-young

A person shall be appointed.