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(영문) 울산지방법원 2016.10.05 2015고단2035
상표법위반
Text

Defendant

A Imprisonment of 2 years and 6 months, and Defendant B shall be punished by a fine of 20,00,000 won.

Reasons

Punishment of the crime

Defendant

A is a person working as the representative director of Defendant B, and Defendant B is a business entity that manufactures and sells additives for rent in Yangsan City F, and Victim G is a business entity that manufactures additives for rent, and the victim G is a trademark right holder (I registration and trademark registrationJ) who has registered the trademark "H" as a business entity that manufactures additives for rent.

1. Defendant A, while running the Defendant Company B, entered the instant indictment as “H business” in K and L business’s indictment, which is an food additives manufactured by the victim from around 2000. However, from the overall context of the indictment or a specific point of view, the prosecutor may interpret that the Defendant is subject to prosecution.” K and L business(the name of the products, such as O, etc., that the Defendants started to produce from the beginning of 2013 to the beginning of 2013, are attached to the products that the Defendants started to produce without the victim’s permission). However, in the indictment to sell the Defendant at home and abroad, the Defendants stated “sale” as favorable to the Defendants.

In the meantime, around 2011, after directly manufacturing additives for the above paint, the victim's "H" trademark was used by stealing the victim's trademark to sell it at home and abroad.

The Defendant, from around 2011 to around 2013, via a research period for the manufacture of the additives above for the purpose of the manufacture of the above paint, and from around early 2013 to May 2015, 201, as “duplicating” in the B factory located in Yangsan City F, and in the indictment itself, the Defendant stated “duplicating” as “self” in favor of the Defendants as well.

"H", which is a registered trademark registered by the victim in the drums, packaging boxes, etc. of the above-produced additives, is affixed by stealing them, and as if they were normally manufactured by the victim, it is supplied to M/N, etc., which is the customer, and during the above period, it is "2,460,825,539 won" in the indictment.

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