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(영문) 서울동부지방법원 2014.10.16 2014고단1788
상표법위반등
Text

Defendant

A shall be punished by imprisonment of 10 months, by imprisonment of 6 months, and by a fine of 2,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A and Defendant B are siblings, and Defendant C is the spouse of Defendant A.

1. No person who violates the Trademark Act as referred to in subparagraphs A and B shall use or possess for the purpose of having another person use a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods or possess for the purpose of transferring or delivering goods identical or similar to the designated goods bearing the registered trademark of another person;

Defendant

A is a person engaged in the sales business of precious metals in Jongno-gu Seoul Metropolitan Government from around 2001.

Defendant

From November 2012, A is employed as the head of the business office in charge of sales of the Defendant B while operating a mutually precious metal seller with the trade name called Jongno-gu Seoul Metropolitan Government 402 H from November 201, and the Defendant A has overall control over the purchase, sale, etc. of precious metal with trademarks, and the Defendant B has sold the stolen precious metal with trademarks by taking charge of selling the stolen precious metal with trademarks.

around November 2013, the Defendants opened a website, such as I, J, and K, advertised precious metal for trademark use via the above website, sold orders by telephone, and sold it by receiving orders, and sold precious metal equivalent to KRW 133,343,325 on a total of 253 occasions as shown in the attached crime log No. 1. On May 16, 2014, at around 402 of the above G building, the Defendants kept a registered trademark of “CATRIER” (No. 09578 of the trademark registration number), a trademark of the same shape as the trademark right holder’s trademark “IFER” (No. 09578 of the trademark registration number), and kept the total of KRW 400,500,000,000 on a brand, as described in the attached list No. 202, 308,500,500,000.

As a result, Defendants conspired to commit an infringement of trademark rights.

2. Defendants A and B violated the Act on Regulation and Punishment of Criminal Proceeds Concealment on November 2013.

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