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(영문) 부산지방법원 2018.01.08 2017고단4481
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as an employee of C (the indictment of detention on July 5, 2012, the imprisonment of April 23, 2012, and the final order of October) who is an importer of counterfeit goods, had expressed an intent to sell “D” movement identical with or similar to the trademark of “New Airport” registered as the designated goods by “Neng” as the trademark of the United States “New Airport” and registered as the designated goods by “Neng Pure”, which is similar to that of the trademark of “Neng”, and similar to the trademark of “N” registered as the trademark.

Accordingly, the Defendant: (a) examined the aforementioned “New Airport” and “D” sportsization in a new market located in China (hereinafter referred to as China; and (b) C, along with other employees, distributed in Korea through the “Internet Open Market” and shared overall control over import and sale; and (c) from April 12, 2009 to March 1, 2010, the prosecutor made an oral amendment of the indictment at the trial date on January 8, 2018 and stated the date and time of the crime as “from January 12, 2010.” However, in light of the attached Table 3, it is obvious that this is an error, and thus, corrected as above.

Attached Form

From December 4, 2009 to April 23, 2010, a total of 13,873 points ( approximately 1,374,683,00 won at the market price of Jins) for sale, such as selling a total of 12,53 points 863,495,000 won for fake “News,” and storing approximately 1,320 points for “News,” inside an underground warehouse of Busan, Busan, Busan, for the purpose of selling it. From January 12, 2010 to April 23, 2010, a total of 13,873 points ( approximately 1,374,683,00 won at the market price of Jins) for “D” as shown in [Attachment 6 List of Crimes.

Accordingly, the defendant, in collusion with the above C, infringed the trademark right of the above trademark owner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. C Documents and written opinions on the transfer of the case.

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