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(영문) 대전지방법원 2016.12.16 2016고정1257
상표법위반
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

B while operating “D” in the Guri-si, Gyeonggi-do, and online, a person who drops a motor vehicle, sells wheelchairss, and the defendant is engaged in the business of selling wheelchairss, etc. at the above sales store.

No one shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

1. On May 6, 2016, the Defendant sold the forged trademark attached to B, in collusion with B, 97 points (a total of 242,50,000 won at the market price of the fixed goods) from the business partners in Europe in Gyeonggi-do, from the time of importing 304 wheelchairs with the trademark right holder’s registered trademark (registration number No. 789132) and a forged trademark in the same shape as that of the trademark right holder’s registered trademark (registration number No. 789132) and infringed on the trademark right holder’s trademark right by selling 97 points (a total of 242,50,000 won

2. Around June 8, 2016, the Defendant, in collusion with B, kept 248 points of 248 (a total of 521,930,200 won in total), such as wheelchairs with the trademark right holder’s registered trademark (registration number No. 789132) and wheel 207 points attached with a forged trademark in the same shape as that of the trademark right holder, in collusion with B, for the purpose of selling counterfeit goods attached to the trademark, and infringed the trademark right of the trademark right holder by keeping 248 points, such as wheelchairs with the trademark right holder’s registered trademark, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police as to B (3 times, 2);

1. An investigation report (on-site control of counterfeit goods sales stores), on-site photographs, investigation reports (in order to bring in the Republic of Korea, attaching a Stick-type trademark), import wheelchairs seals, control site photographs, mobile phone photographs, such as forged goods, etc., photograph of the sales site of NAVas, investigation report (in relation to the price of goods and the trademark registration ledger);

1. The records of seizure and the list of seizure;

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