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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A on December 12, 2005, sentenced a fine of KRW 3,000,00 as a violation of the Trademark Act at the Seoul Central District Court, and a fine of KRW 2,000,00 as a violation of the Trademark Act at the Daegu District Court on January 3, 2012, and Defendant B was sentenced to a fine of KRW 70,000 as a violation of the Trademark Act at the Daegu District Court on August 26, 201, and a fine of KRW 5,00,000 as a violation of the Trademark Act at the Daegu District Court on September 13, 201, respectively.
Defendant
A and Defendant B are married couple, and are engaged in clothing distribution business from December 16, 2010 to Daegu-gu C with the trade name of “D”.
No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark of another person for goods identical with or similar to the designated goods, or possess for the purpose of transferring or delivering goods identical with or similar to the designated goods on which the registered trademark
Nevertheless, the Defendants: (a) sold the Victim Japan’s “Skis Skikis Skikis” on the child clothes No. 45 to the Korean Intellectual Property Office, etc., with the trademark registered as designated goods, mikiHOUSE (registration number No. 0098149) and DUBLBB (registration number No. 08368); and (b) HOTBS Miki House (registration number No. 080455) trademarks (registration number No. 08045) (hereinafter “Skis trademark”) attached to the child clothes manufactured by the Defendants; and (c) intended to purchase and sell the child uniforms attached with the above trademark.
1. Defendant A
A. On April 2012, the Defendant conspired with B (B was issued a summary order of KRW 5 million on September 13, 2012, and confirmed around that time) purchased the original group from the mutual Buddhist selling company located in both cities of Gyeonggi-do, and then deliver it to “G”, which is a salary-making factory operated by F in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. The Defendant based on the above original group, and F is the “J” and the above KK, which is a salt plant located in H, Seongbuk-gu, Seoul.