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(영문) 대구지방법원 2015.03.27 2014고단6340
상표법위반
Text

Defendant

A Imprisonment of eight months, Defendant B’s imprisonment of six months, and Defendant C’s fine of KRW 4,00,000, respectively.

(b).

Reasons

Punishment of the crime

1. Defendant A and B’s co-offenders operated “F” and “G” stores with the first floor E of Daegu Jung-gu from September 14, 2013 to January 23, 2014, with the first floor of 16, the Defendants acquired a trademark identical with the trademark registration number No. 079096, 0638534, 079, 07960, 069760, 0645841), and transferred the same trademark to carry it in attached Form 31, 200, 200, 300 or 300.

As a result, Defendants conspired to infringe trademark rights of trademark right holders.

2. Around January 23, 2014, Defendant C received a trademark identical or similar to the name of the deceased in the middle-gu E, Daegu, as indicated in the attached Table 4 of the crime committed by the Defendant, and possessed it to transfer or deliver it, by being supplied with the name of the deceased in the middle-gu, Daegu with a trademark registration number (No. 079096, trademark registration number No. 0638534, 063854, trademark registration number), Montreal (trademark No. 07960, trademark registration number No. 069394), and Ake (trademark No. 069394).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

[Defendant A, B]

1. Each legal statement of the defendant A and B;

1. Statement of the police suspect interrogation protocol regarding H;

1. Statement made to I on the second police interrogation protocol;

1. Statement made by the police in relation to the police statement of J;

1. On the basis of internal investigation (as to the search for the distribution of fake clothes from the front door), internal investigation reports (as to the place of distribution of fake clothes and the evidence surrounding the secret warehouse), records of seizure and list of seizure, investigation reports (as to the confirmation of the suspect I's list of seizure, record of the card sales slips), investigation reports (as to the outcome of the appraisal of the truth of seizure), investigation reports (as to the truth of the seizure list), and investigation reportsF.

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