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(영문) 서울동부지방법원 2017.05.11 2017고단807
상표법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” as a household manufacturing business entity located in Jung-gu Seoul Metropolitan Government.

The Defendant supplied the original group from D, manufactured a door with a forged trademark attached, supplied it to D, and conspired D to sell counterfeit products produced by the Defendant to retailers.

On January 3, 2016, the Defendant manufactured, and supplied to D, 50 points a total of 825,000 won (20,000,000 won at the estimated price of refined goods) of the manufacturing cost on which a forged trademark in the same shape is attached, which is a registered trademark (registration number No. 997202, No. 97202) of the trademark right holder “L.” (registration number No. 997202) of the trademark right holder “C” for sale.

In addition, from around that time to September 29, 2016, the Defendant, in collusion with D, as indicated in the list of crimes in the attached Table, manufactured a false trademark equivalent to the total of KRW 86,159,000 on a total of 177 occasions, and supplied it to D, thereby infringing the trademark right of the owner of the trademark right by manufacturing 4,681 points (the estimated market price of 1,872,40,000 won) on which the forged trademark was attached.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. An investigation report (sale of forged products and confirmation of an account for transactions);

1. Protocol and list of seizure;

1. Details proving, verifying the content (Internet), verifying the delivery of the E company, the details of the processing of the E company, the number of manufactured local goods (C), and the detailed statement of processing C;

1. Three copies of the original register of trademark registration, photographs (E company site photographs), the instant decision of refusal 1501 Doz. 2014, one copy of the decision of refusal (application of design, F), one copy of the decision of refusal (application of trademark, G), one copy of the decision of refusal (application of trademark, and H);

1. Application of Chapter two copies of on-site photographs, search and seizure warrant execution sites, photographs of arranged products, photographs and management numbers, C factory photographs and C factory photographs Acts and subordinate statutes;

1. Article 230 of the relevant Act concerning criminal facts, Article 230 of the Trademark Act regarding the selection of punishment, and Article 30 of the Criminal Act (generally, selection of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds.

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