logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.08.28 2017고단3142
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall engage in the distribution and sales business of mobile phone scopic scopic scopic scopic c in his trade name.

1. On July 8, 2015, the Defendant sold 12,240 fake earphones to D, which are registered trademarks of “HBS-800” (registration number: No. 1130503) that are identical or similar to the registered trademarks of “HBS-800” (registration number: No. 1130503) of the trademark right holder at the above C office, and thus, sold 2,240 fake earphones to D during the total period from around that time to January 9, 2017, the Defendant infringed the trademark right of “ELS-80” of the trademark right holder and “ Samsung Electronic Co., Ltd.”, respectively, as shown in Appendix I.

2. On January 17, 2017, the Defendant violated the trademark rights of “HBS-900” (registration number: No. 1130504) identical or similar to the trademark right holder’s “HBS-90” (registration number: No. 1130504), which is the trademark right holder’s registration trademark at the above C Office, for sale purpose, the Defendant kept 80 fake earphones for sale purpose, as indicated in the attached list II of the crimes committed in the attached Table. In addition, the Defendant infringed upon the trademark rights of “SS-90” (hereinafter “HBS-904”) of the trademark right holder’s “HBS-90” (hereinafter “HBS-904), and “Abubari”, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning D a copy of a protocol concerning the examination of suspect of the police;

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes to a report on the purchase of sampling, each trademark registration ledger, investigation report (as to the authenticity of seized goods), appraisal report, Kakao Stockholm dialogue, etc., investigation report (specific transaction details), list of ordering details, inquiry of transaction details, records of seizure and list of seizure, investigation report (specific attachment of the value of authentic goods), investigation report (verification of whether the trademark is registered as a trademark of seized goods), investigation report (verification of whether the trademark is registered as a trademark of seized goods), investigation report (specific phone quantity);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

arrow