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(영문) 서울동부지방법원 2014.12.24 2014고단3573
상표법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in the business of selling mountain clothes with a forged trademark attached in the Internet shopping mall.

No one shall deliver, sell, forge, imitate, 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.

On June 2014, the Defendant opened an Internet shopping mall on the Internet, and was willing to sell to many unspecified people as if they were genuine products after having completed various clothing, such as fakes, yellows, Nopanishs, and Copis purchased at the same store in Dongdaemun-gu.

From June 19, 2014 to August 26, 2014, the Defendant operated the Internet shopping mall office in Do Government-si D 101, the Defendant sold various kinds of goods, such as black cream, yellow scam, colon, cambast, scam, scam, divia, scam, scamba, scamba, etc., from August 19, 2014 to October 29, 2014, from August 10, 2014 to October 30, 2014, the Defendant advertised the said goods as if they were refined.

During the above period, the Defendant sold counterfeit goods of 207,859,43 won via E (F) via E (F), forged goods of 146,068,880 won via G (H) via G, and forged goods of approximately KRW 79,559,312 won over about 1,680 times through J (J) and sold any clothing attached with a trademark of 43,487,625 won in total over 8,619 times, as shown in attached Table 1, 2, and 3,619.

Accordingly, the defendant infringed the trademark rights of each trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (a copy of the screen for Internet shopping mall, which appears to sell uniforms, such as collective executive officers and employees, and a attachment of inquiries by the subscriber to the telephone number indicated on the relevant website);

1. An investigation report (Attachment of output output ofG sales details);

1. An investigation report (in addition to outputs of the I Sale).

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