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(영문) 인천지방법원 2014.12.12 2014고정3873
상표법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation incorporated in February 2009 in order to conduct clothing manufacturing and wholesale sales business in the case of strike.

1. It shall not be imported for the purpose of transferring, transferring or selling goods identical with or similar to the designated goods bearing the registered trademark of another person A or any similar trademark;

Nevertheless, around December 2013, the Defendant visited the company D, which is a clothing manufacturing shop D in the Chinese Mawre, to sell in Korea, paid approximately KRW 8,500 in China for the purpose of sale in Korea, requested the production of counterfeit POLO trademark 457 points, and children Titts 448 points. On April 22, 2014, the Defendant, using E-line entering Incheon port from the Chinese port to the Incheon port, requested the production of approximately 457 points for children of POLOOO trademark 457 points, children Titts 448 points, and the authentic goods price of KRW 66,657,00 (goods cost 1,54,712 won) to the World Logistics Bonded warehouse, and was discovered to the import signal number G customs officer of the United States and thereby discovered to the import inspection of New York/S. customs officer's import report.

L. The trademark right of “PLO”, which was registered with the Korean Intellectual Property Office (registration number: No. 041070) as the designated goods in the primary feees, Titrts, and child uniforms, was infringed upon by the PLO trademark.

2. Defendant B Co., Ltd. committed such a violation as above with respect to the business of the corporation by its representative director.

Summary of Evidence

1. Defendant A’s legal statement

1. An import declaration, a report on the detection of forged PEO clothing, an appraisal report and a trademark register, a protocol of seizure, a list of seizure, and an appraisal report applicable to statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 93 of the Trademark Act; Selection of fine

B. Defendant B: Articles 97 and 93 of the Trademark Act

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: the Trademark Act.

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