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(영문) 광주지방법원 2017.12.20 2017고단2659
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 is a person who operates the Internet site of the mobile phone musical music company D, Co., Ltd. in Gwangju North-gu, and E.

No person shall manufacture and sell, or keep for manufacture and sale any product on which a trademark identical or similar to another person's registered trademark is marked.

1. From December 14, 2015 to January 9, 2017, the Defendant sold the same or similar trademark: (a) purchased goods attached with a trademark identical with or similar to the HBS-800 (Registration No. 1130503) and HBS-90 (Registration No. 11130504) registered with the Korean Intellectual Property Office in the said D office from around December 14, 2015 to around January 9, 2017, the Defendant infringed the victim’s trademark right by purchasing from F the goods attached with the trademark identical with or similar to the HBS-90 (Registration No. 1130504) for a total of 49 times, as shown in the list of crimes.

2. Around January 13, 2017, the Defendant kept identical or similar trademarks: (a) at the above place, at the Korean Intellectual Property Office, the Defendant: (b) attached 60 trademarks identical or similar to or similar to the above HBS-900 registered with the Defendant at the Korean Intellectual Property Office; (c) attached 52 trademarks attached with the goods bearing a trademark identical or similar to or similar to the HBS-800; (d) 40 trademarks attached with the goods bearing a trademark identical or similar to or similar to the HBS-910 (registration No. 1190799); (c) attached 12 trademarks attached with the goods bearing a trademark identical or similar to or similar to the TONEURA (registration No. 116875); and (d) infringed on the trademark rights of the victims by keeping 145 trademarks attached to the goods identical or similar to or similar to the SAPG registered with the victim Samsung Electronic Corporation (Registration No. 0817494).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. On-site control photographs, investigation reports (specific details of transactions), list of orders, sales prices of Samsung Electronic Products, sales prices of LG electronic products, investigation reports (specific items of crime sight), each trademark registration ledger, investigation reports (as to the sales volume of the suspect: One of the crimes sight table 1).

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