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(영문) 서울북부지방법원 2013.06.14 2013고단621
상표법위반
Text

Defendant

A A shall be punished by a fine not exceeding five million won, and Defendant B shall be punished by a fine not exceeding eight million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On March 4, 2013, at around 18:15, the Defendants conspired as married couple and a couple, and kept a total of KRW 305 points, 154,000,000,000, as shown in the attached crime list, for sale purposes, on the vehicle under the name of Defendant A (F) and the bladeed vehicle under the name of Defendant B (G) and on the bladeed vehicle under the name of Defendant B (G) the Republic of France registered with the Korean Intellectual Property Office (trademark number: 4005947,000), a trademark registered with the Korean Intellectual Property Office.

Accordingly, the Defendants infringed the trademark rights of the trademark right holder.

2. From the end of October 2012 to March 3, 2013, Defendant A sold a total of KRW 800 points and KRW 360,000,00 at the presumption price of stuffed items, as indicated in the attached list of crimes, such as a lusent bags produced by forging and forging the “lusium”, a trademark registered with the Korean Intellectual Property Office (trademark registration number: 400059471000), which is a trademark registered with the Korean Intellectual Property Office, at the lower end of the H market in Jung-gu Seoul, Jung-gu, Seoul.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of prosecution seizure by prosecution;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of the registered trademark), report on investigation (report on confirmation of the price of fixed goods), report on investigation (report on confirmation of the control site and evidence attached thereto);

1. Article 93 of the Trademark Act, Article 30 of the Criminal Act, Article 93 of the Trademark Act (the violation of the Trademark Act due to the storage of forged goods), Article 93 of the Trademark Act (the violation of the Trademark Act due to the sale of counterfeited goods), Defendant B selected as a fine: Article 93 of the Trademark Act, Article 30 of the Criminal Act, and the selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Defendant A: Article 97-2 (1) of the Trademark Act;

1. Defendant A: Regulation of criminal proceeds Concealment.

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