logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.20 2016고단3342
상표법위반등
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

1. Violation of the Trademark Act;

A. On May 9, 2016, the Defendant, for the purpose of selling counterfeit trademark products, possessed the forged trademark of 436 points (a total of 715,800,000 won) in total, as shown in the attached list of crimes, for the purpose of selling the products bearing the forged trademark of 436 points (a total of 715,80,000,000 won), and infringed the trademark right of the trademark right holder, respectively, by possessing the trademark of 436 points (a total of 715,80,000 won) that are identical or similar to the “PDADA” (No. 0466 of the trademark registration number) on his/her place of residence and his/her own Dknack-rayed vehicle located in Orcheon-gu, Orcheon-si.

B. On April 26, 2016, the Defendant sold products bearing a forged trademark of a total of 206 points (total market price of 335,90,000,000 won), such as the previous list of crimes, and infringed on the trademark right holder’s trademark right by selling the products bearing a forged trademark of a total of 206 points (total market price of 335,90,000 won), which is identical or similar to the trademark owner’s trademark registration “PRDA (Trademark No. 0404666),” which is identical or similar to the trademark owner’s “PRDA (Trademark No. 0404666).”

2. No person who violates the Customs Act shall file a declaration, or acquire, transfer, transport, hold in custody, mediate or appraise imported goods which are different from the imported goods;

Nevertheless, on September 6, 2015, the Defendant acquired 642 points in total amount of sealed imports worth KRW 26,531,000 in the cost of the goods from around that time, as shown in the attached list of crimes, even though he/she knew that the goods bearing a forged trademark have not been cleared of customs clearance and has been imported as being sealed by failing to file an import declaration at the time of entry into the Republic of Korea or by filing a declaration of other goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of police seizure and list of seizure;

1. Each investigation report (No. 5, 7, 22, 24 No. 5 of the evidence list);

1. A written accusation;

1. Opinion of expert opinion, and

arrow