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(영문) 부산지방법원 2017.07.17 2017고단643
상표법위반등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 14 shall be confiscated.

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to a suspended sentence of six months of imprisonment for a violation of the Trademark Act at the Ulsan District Court on June 24, 2015, and the sentence became final and conclusive on October 16, 2015, and is currently under the suspended sentence.

[Criminal facts] The Defendant is a person who engages in the sale of electrical appliances, such as mobile phones and parts, with the trade name of Busan Dong-gu C, the same Gu D, and the "E".

1. Violation of the Trademark Act

A. From July 9, 2015 to June 24, 2016, the Defendant: (a) obtained the trademark right holder from Busan Dong-gu, Busan, from Busan to June 24, 2016, “ Samsung Electronic Co., Ltd.”; (b) the Republic of Korea’s “EL Electric Co., Ltd.”; and (c) the U.S. “Empik” designated and registered with the Korean Intellectual Property Office as a mobile phone, distribution, charging, earphone, etc.; and (d) Samsung (SAM UNG, trademark registration No. 0817494); (c) EL branch (LG, trademark registration No. 4038317, 40504, 30704, 3070704, 30730452); and (d) the Plaintiff acquired the trademark right holder’s personal phone purchase of the designated goods with the Korean Intellectual Property Office’s mobile phone, 2009, 3000 won and 400.7.7.2.7.

B. On January 5, 2017, the Defendant: (a) around 18:15, 2017, at the Busan Dong-gu G, the Defendant: (b) purchased counterfeit mobile phones and parts distribution business; (c) registered the designated goods with the Korean Intellectual Property Office by designating the designated goods as mobile phones, ship boxes, charging machines, etc.; and (d) Samsung (SAM UNG, trademark registration No. 0817494); and (c) supplied mobile phone stations, charging machines, etc. with the same and similar trademarks to transfer or deliver the total of 2,514 points (a total of 14,265,450 won at the fixed price) as shown in attached Table 2.

2...

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