logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.25 2017고정1894
상표법위반
Text

Defendant

A A shall be punished by a fine of KRW 4 million, Defendant B, and C by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No one shall use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods, sell it for the purpose of having another person use it, or possess it for sale.

Nevertheless, the Defendants put up a false article on sales of the forged watch bags via the fourberbs operated by Defendant C, and conspired to sell the forged goods by delivering them to the customer who contacted the Defendants A and B.

Accordingly, on July 27, 2016, the Defendants sold one of the forged trademark of the “luban” registered under the trademark registration number No. 0330235, and sold one of the forged trademark to KRW 150,000, and infringed another’s trademark rights by selling the bags bearing forged trademark over 15 times in total, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement made to D or E;

1. Complaint;

1. A statement of appraisal of seized articles infringing on any property right, statement of account transfer, sampling photographs, door-to-door invoice, sales photo of counterfeit items, Kakao Stockholm conversation, trademark registration ledger;

1. Application of a new bank account transaction document in the name of the recipient A, and an Act and subordinate statutes on the transaction of the agricultural bank account in the name of the suspect C;

1. Relevant Article 230 of the Trademark Act, and Article 30 of the Criminal Act, respectively, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 10 (1) and Article 8 (1) of the Act on Regulation, Punishment, etc. of Concealment of Criminal Proceeds for Additional Collection;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

arrow