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(영문) 서울중앙지방법원 2020.06.18 2020고단70
상표법위반
Text

A defendant shall be punished by imprisonment with prison labor 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

[Attachment] A public prosecution, etc. B, is a total book that sells and distributes household goods, such as famous brand clothes, and shoes, manufactured at a factory located in a Chinese luminous well-being, to the Republic of Korea. A public prosecution, other than the public prosecution, is a person who sells and distributes household goods, etc. supplied by B to retailers.

Defendant B and C conspired, B, the role of packing them into the Republic of Korea and supplying them to C, C, the role of distributing household goods clothing, etc. to wholesalers, including Defendant, etc., and the Defendant committed each act of selling household goods clothing, etc. in the D market.

【Criminal Facts】

On May 16, 2019, at the office and warehouse operated by the defendant in Seongbuk-gu Seoul and the same Gu F, the defendant was in possession for the purpose of sale after being issued 23 punishments on household goods I put a trademark identical with or similar to the trademark registered with the Korean Intellectual Property Office (trademark registration number H) by the victim G from the above C, and possessed for the purpose of sale from around that time to September 8, 2019.

Accordingly, the defendant conspireds with B and C to infringe the trademark rights of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol (Duplicate) of C;

1. Investigation report (the quantity of logistics supplied to A and the details of the amount collected), investigation report (the confirmation of offices and warehouses of the suspected person A).

1. Application of each original trademark register (No. 25, 63) and statutes governing field photographs;

1. Relevant Article 230 of the Trademark Act, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act contains 3,335 products possessed by the defendant for the reason of sentencing. This is a trademark infringement, which is approximately KRW 2,50,000,000 based on the fixed price of goods.

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