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(영문) 인천지방법원 2016.04.28 2015고단7621
상표법위반
Text

Defendants shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Defendant A is a person who had served as the representative director of “F” corporation manufacturing tax items from January 19, 2012 to Namdong-gu Incheon Metropolitan City E.

From June 1, 2013 to April 7, 2015, the Defendant: (a) sold laundry, etc. equivalent to the sum of 617,580 [1,68,244,30 won at fixed price] attached to “G” registered with the Korean Intellectual Property Office as designated goods, such as “CJ (Registration No. 004374)” which was identical with or similar to “CJ” which was registered with the Korean Intellectual Property Office; (b) sold laundry, etc. to B after forging as shown in attached Table 1 of the daily list of crimes; (c) around 10:10 on April 16, 2015, the Defendant kept the trademark of the same kind 1,870 on the aggregate of the trademark rights to be used in the manufacturing factory and storage of the F Co., Ltd., Ltd. for laundry; and (d) kept the trademark of the same kind 1,870 on the basis of forgery of laundry for sale.

2. Defendant B, from May 22, 2013, was a person who had served as a representative director of “I” who manufactures tax in Daegu Dong-gu H.

From June 1, 2013 to April 7, 2015, the Defendant entrusted Defendant A with the manufacture of taxation, which is the same as “CJ (Registration No. 0043734)” and similar trademarks, “G”, as indicated in paragraph (1), and sold a total of 617,580 items listed in attached Table 1 of the daily list of crimes supplied by Defendant A (SJ 6,68,24,30 won).

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police to J or K;

1. The original register of trademark services, forged goods, and field photographs;

1. Each investigation report (calculated the value of the authentic goods, and the investigation of the suspect's period of sale of counterfeit goods);

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