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(영문) 광주지방법원 2013.11.01 2013고단3977
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant operates the Internet shopping mall B site, and is a person who displays fake goods on which a domestic and foreign-use food trademark is attached to the above site and distributes them to the Internet upon receiving orders from all customers across the country.

No one shall deliver, sell, forge, imitate or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use it on goods identical or similar to the designated goods.

Nevertheless, from November 12, 2012 to January 1, 2013, the Defendant posted a photograph of the clothing goods, such as a boomk (registration number: No. 380952; No. 26,754,800 won in total, which is identical or similar to the trademark, on the above B site, and purchased the clothing goods with the above fake trademark on the Internet after receiving an order from the Internet, and sold them after receiving KRW 59,000 in total and KRW 69,00 in Belgium, as indicated in the attached list of crimes, by selling the clothing goods of 26 trademark owners and the total amount of 26,767 points in total, and 26,754,800 won in total, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Receipt of information;

1. Printing of the Internet bulletin materials;

1. Application of Acts and subordinate statutes of each trademark register, such as investigation report (report on confirmation of information by the operator of a shopping mall), domain name four names and server confirmation site, investigation report (report on confirmation of access to IP), request for cooperation in investigation (report on confirmation of the representative's personal information, etc.), investigation report (report on the details of sale and the attachment of log-record CD), investigation report (report on the execution of a search and seizure warrant), sales details, investigation report (report on the confirmation of the price of the product register and the fixed goods), one copy of the goods separation list, investigation report (report on the correction of the trademark register), and each trademark register

1. Relevant provisions of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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