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(영문) 서울중앙지방법원 2016.09.22 2016고단4788
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant was a person who, at the time of the Gyeonggi-do Government, made an office in the 3th floor of B building, made an account in the Kakao Kakao Kakao Kakao Kakao Kakao Kao Kao Kao Kao Kao Kao Kao Kao, advertised and sells counterfeit trademark products using the account, and F, G, and H were the Defendant’s employees.

1. The Defendant sold counterfeit trademark products in collusion with F, G, and H, on April 21, 2015, at the above “C” office, the Defendant sold KRW 83,00,00 on a wall with a forged trademark of the same or similar pattern as “PDRA (Registration No. 0350206),” which is a trademark right holder’s registered trademark “PDRA” at the office of “F, G, and H,” and infringed the trademark rights of the trademark holder by selling KRW 2,754 total sales value of counterfeit trademark products, as shown in attached Table (1) from around that time to July 16, 2015, by selling KRW 171,340,100, respectively.

2. On July 16, 2015, the Defendant in collusion with F and G for the purpose of selling counterfeit trademark products, the Defendant infringed on the trademark rights of the trademark holder, respectively, by keeping in collusion with F and G for the purpose of selling the forged trademark products totaling KRW 639,228,585 won, including eight points of visibility where a forged trademark of the same or similar pattern as the trademark owner “ROEX (Registration No. 0012364)”, which is the trademark right holder’s registration at the above “C” office, as the trademark right holder’s “ROEX (Registration No. 0012364).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. A protocol concerning the examination of each police officer in relation to G, F, and H;

1. Police seizure records;

1. The original register of each trademark;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) and Article 30 of the Criminal Act ( comprehensively including the occupation and custody of sales and custody of each trademark) regarding criminal facts

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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