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(영문) 서울중앙지방법원 2016.06.30 2016고단3307
상표법위반
Text

The defendant shall be punished by imprisonment for two months with prison labor for the crimes set forth in paragraph 1(b) and paragraph 2(2) of the judgment.

Reasons

Punishment of the crime

[criminal history] On November 24, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Trademark Act by the Seoul Central District Court on December 2, 2015, and the said sentence became final and conclusive on December 2, 2015, and is currently in the grace period.

[Criminal facts]

1. Sale of forged or forged trademark products;

A. On August 8, 2014, the Defendant sold 68 points in total (excluding No. 8,24,34,36, 39) including a false trademark, a trademark with the same or similar pattern “CARIER (registration number: No. 0028481)”, which is a trademark right holder’s registered trademark “Kazers in Carz,” and the trademark right of the trademark holder was infringed on each of the trademark rights holder, by selling a forged trademark with the same or similar pattern from around that time to September 2015 (excluding No. 8,24, 34, 36, 39 at a net time), such as a false trademark, a provisional trademark, a line, etc. with the trademark right holder’s trademark right holder’s 60 times in total (a total of 124,500,000,000 won).

B. On January 1, 2016, the Defendant sold nine points (one point on which a forged trademark of the same or similar pattern “GUCCI (registration number: No. 0070352), which is identical with or similar to “GUCCI (registration number: No. 070352),” such as the sale of a forged trademark of the name tag, bags, etc., nine times in total, such as the name tag (10,90,000 won in total), and infringed the trademark rights of the trademark owner.

2. On May 9, 2016, the Defendant, for the purpose of selling counterfeit trademark products, kept the forged trademark products with a total of 139 points (a total of 178,500,000 won, in total of 178,50,000 won) as the trademark attached to “LOUS VUITON (registration number: No. 0059471)” on the EKaren vehicle at the underground parking lot of Yangcheon-gu Seoul Metropolitan Government DF, and infringed the trademark rights of the trademark owner by keeping the forged trademark products for the purpose of selling the forged trademark products, which are identical or similar to the trademark right holder’s “LOIS VITON” (LOSS VITS : No. 059471).

Summary of Evidence

1. Statement by the defendant in court;

1. The police;

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