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(영문) 인천지방법원 2015.12.23 2015고단7191
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When D brings counterfeit goods into Korea in China, the Defendant classified them with E, and the Defendant shared one ton truck, and the Defendant shared the role of transporting the forged goods to a home-based shipping company or retailer, using each of the Lenda Cargo (F).

No person shall possess goods identical with or similar to the designated goods on which another person’s registered trademark or any other trademark similar thereto is used for transfer or delivery.

Nevertheless, at around 12:45 on July 15, 2015, the Defendant, as seen above, kept 4,350 fakes indicated in the attached Table 4,350 (a total sum of 4,213,680,000 won), including I, in order to sell to domestic orderers, the registered trademark of “LOUIS VITN (Trademark No. 59471)” which is the trademark of “LOIS VITN” in the same shape as “LOIS VITON (Trademark No. 59471),” which was performing the duty of classification and transportation in the import and sale of counterfeits domestically produced.

Accordingly, the Defendant, in collusion with the above D and E, infringed each trademark right of each trademark right holder, such as “lusor lusor belt.”

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's interrogation protocol concerning D;

1. Statement of reference witness of the prosecution concerning E;

1. Each protocol of seizure, each list of seizure, each photograph of seized articles, and reports on investigation (locating the quantity of seized articles of a suspect E);

1. In relation to co-offenders who act in collusion with more than two persons, such as a specific list of seized articles, list of authentic values of seized articles, list of goods, list of goods, list of goods, text records, etc., an investigation report (request for appraisal of seized articles) does not require any legal penalty, but only combines the intent to realize a crime. Thus, even if there was no process of the whole conspiracy, it shall be conducted in order or implied between several persons.

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