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(영문) 서울중앙지방법원 2018.09.20 2018고단1515
상표법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operates a street store in the vicinity of the building in Jung-gu, Seoul, and Defendant B is a person who has worked as an employee from February 2, 2016 to the street store.

1. Defendant A

(a) No person who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical with another person's registered trademark for the purpose of using or allowing another person to use it on goods similar to the designated goods;

Nevertheless, at around 00:25 on September 6, 2017, the Defendant infringed upon the trademark right holder’s trademark right by carrying the forged goods of Class 15 and Class 818 points in total for the purpose of selling to many unspecified persons, including the key 10 points in which a trademark similar to “GUCCI” is attached, and the key 10 points in which a trademark similar to “GUCCI” is attached.

B. On August 2016, 2016, the Defendant is also likely to be subject to strict punishment if he/she is discovered while selling fake goods under his/her own name, and thus, he/she should pay a fine to the employee B around August 2016.

At the time of crackdown, n't ask n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't l'

B, while working as an employee, while keeping counterfeit goods as set forth in Section 1-A, the Defendant stated that he/she was the actual owner of the business, and that he/she again made a false statement to the effect that he/she was present at the Gu office to undergo an investigation, and that he/she made a false statement to the effect above.

B is aware of the fact that the above defendant committed a crime punishable by a fine or heavier punishment according to the teacher of the defendant, but the Seoul Jung-gu around September 14, 2017 is around 30.

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