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(영문) 대전지방법원 2016.09.22 2016고단2460
상표법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 9 shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a person who operates a “F” store in Guro-gu Seoul Metropolitan Government as a household control control control plant D” and a “F” store in Jung-gu Seoul Metropolitan Government E 1st floor.

From December 2, 2011 to June 16, 2016, the Defendant: (a) manufactured bags, bags, etc. with a trademark of the same shape as “(registration No. 066803),” “(registration No. 063260),” and “(registration No. 114458),” and sold G (a total of KRW 1,500,000,000,000) with the trademark attached to the above factory from around July 26, 2016 to the Korean Intellectual Property Office; (b) sold them to G (a total of KRW 1599,000,000,000,000,000 won, and KRW 1.59,000,000,000 won, with the trademark attached to the above factory (registration No. 06803).

In addition, around July 26, 2016, the Defendant kept 42 points on which the trademark, such as “,” and other trademark in the same shape as the trademark, are attached (or equivalent to 420 million won at the fixed goods market price), 1 points on which the wall is attached (or equivalent to 2.5 million won at the fixed goods market price), 328 points on which the forged trademark is attached to the storage of 10 stories located in Jung-gu Seoul, Jung-gu, Seoul (or equivalent to 3.28 billion won at the fixed goods market price), 90 points on the wall (or equivalent to 225 million won at the fixed goods market price) respectively.

Accordingly, the Defendant infringed on the trademark right of the “Madzym straw straw straw straw straw straw straw.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Protocols of seizure and total list of seizure;

1. Investigation report (the manufacture of counterfeit goods, the investigation of a seller A's factory), investigation report (the violation of the Trademark Act), investigation report (the report attached to the G), investigation report (the report attached to the indictment) and investigation report (the value of the authentic goods and the register of trademark registration);

1. Each examination certificate;

1. Original register of trademark registration;

1. Application of the Acts and subordinate statutes to photographs of warehouse, photographs of control site, etc., and photographs of control site;

1. Criminal facts;

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