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(영문) 인천지방법원 2015.09.16 2015고단4658
상표법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A, who is a dead village type G, carried the forged products into the Republic of Korea in China, shared the role of transporting the fake products to the company or retailers using one ton truck (vehicle No. H).

On July 15, 2015, the Defendant, as seen above, kept 4,350 counterfeit goods indicated in the attached Table 4,350 (a total of 4,213,680,000 won), including B, for the purpose of selling fake goods in the same shape as “LOIS VUITN (Trademark No. 59471)”, a registered trademark of “LOUS VUITON” (LO No. 59471), which is a trademark holder, on the roads of Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Seoul, for the purpose of selling them to domestic orderers, including B.

Accordingly, the Defendant, in collusion with the above G, infringed the trademark rights of each trademark right holder, such as “lusor lusor belt.”

2. Defendant B is a person who sells clothes, etc. without a trade name on the Southern-gu K and 3rd floor of Incheon.

At around 19:50 on July 15, 2015, the Defendant kept 28 counterfeit goods listed in the attached Table, including 4 pages of “LOUIS VUITN (Trademark No. 59471)”, a registered trademark of “LOIS VITON” (Trademark No. 59471), a trademark holder, for the purpose of selling them to customers, etc. who find out 28 counterfeit goods listed in the attached list of crimes (a total of 60,750,000 won).

As a result, the Defendant infringed the trademark rights of each trademark right holder, such as "lugluged lugator".

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of examination of the suspect against Defendant A by the prosecution;

1. A protocol of suspect examination of G police officers;

1. Each protocol of seizure and list of seizure, investigation reports (on-site photographs of seized articles), and investigation reports (on-site examinations of the number of seized articles A);

1. The list of goods isolated and the trademark register, replys to the results of appraisal;

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