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(영문) 서울중앙지방법원 2016.03.24 2016고단436
상표법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 11 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

The Defendant is a person who had been operating “E” as a sales chain from November 201 to November 2015, 2015.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, on December 4, 2013, the Defendant: (a) obtained from G, a distributor of counterfeit goods, who was detained at the Seoul Central District Court, on September 23, 2015, a trademark right holder’s age 313 points (No. 029091) attached at the same age-based trademark (No. 029091) as that registered with the Korean Intellectual Property Office; (b) around July 21, 2014; and (c) obtained from G, a trademark holder’s trademark holder’s registration with the Korean Intellectual Property Office (No. 0160728), a total of 372 points attached to the new trademark holder’s trademark (No. 160, Oct. 14, 2015), and obtained a trademark holder’s registration with the Korean Intellectual Property Office (No. 01605, Oct. 16, 2014); and (d) obtained the trademark holder’s trademark holder’s total value from 10,506, and 194, respectively.

Accordingly, the Defendant infringed the trademark rights of the above trademark right holders as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement to I, J, and K;

1. Police seizure records;

1. Each investigation report (No. 13, 18, 19 of the evidence list);

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (with respect to each trademark, each of them shall be subject to imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the term "crimes") of the aggravated concurrent crimes infringes on the trademark right of a heavier age.

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