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(영문) 인천지방법원 부천지원 2019.06.13 2019고단924
상표법위반
Text

[Defendant A] The defendant shall be punished by a fine of 12 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendants have opened “D” E in the Internet site C and sell golf clothes, etc.

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

1. On June 25, 2018, the Defendants: (a) sold the clothing attached with the trademark number HI, the trademark right holder of G, and received KRW 129,000,00 from June 1, 2018 to July 18, 2018, to F, which requested the purchase of goods to the above C E operated by the Defendants in Busan F, which was operated by the Defendants; and (b) sold the clothing attached with the trademark number HI, the trademark right of each victims by receiving KRW 8,517,70,00 in total on eight occasions, including the clothing, bank, and wall, the trademark right holder of the Korean Intellectual Property Office, from June 1, 2018 to July 18, 2018, the Defendants infringed the trademark right of each victim by selling the clothing attached with the trademark identical or similar to the nine trademarks registered with the Korean Intellectual Property Office, such as the attached list of crimes.

2. On August 15, 2018, the Defendants infringed the victim’s trademark right by carrying in possession to sell the same or similar trademark numberO’s “N” registered with the Korean Intellectual Property Office, the owner of the trademark right, at the Busan Shipping Daegu L Building M., for the purpose of selling the new or similar trademark on which the trademark is attached.

Accordingly, the Defendants conspired to commit the infringement of trademark rights of each victims.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police about P;

1. An investigation report (a trademark specified as a trademark and a photograph attached to a trademark sold - a suspect A, B, and a photograph of the goods sold - a criminal investigation report (AE operated by a suspect), and C-cap photographs, Qics, investigation reports (a description analysis of suspect B, R, S Account Transactions) and account transaction records, investigation reports (a document deposited by a suspect B F from a disguised trader) and account details, and a digital cell phone of the suspect B mobile phone.

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