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(영문) 수원지방법원 2016.11.03 2016고정1758
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells mobile phone cases from August 2009 to online open market, market, and 11.

No person shall transfer or deliver to another person any goods identical or similar to the designated goods bearing the registered trademark of another person or any other trademark similar thereto, or carry, exhibit, export or import them for that purpose;

1. On July 2015, the Defendant supplied a fake case B (representative C) store B (representative C) with a fake 775 points on the part of the Defendant, thereby infringing on the trademark right (trademark registration number: 45-003498-000) duly registered by another person’s lawful act, thereby infringing on the trademark right equivalent to KRW 27,125,00 at the market price.

2. On July 2015, the Defendant: (a) supplied a fake 88 mark case to D (representative E); and (b) duly registered trademark rights (trademark registration number: 45-03498-0000) of another person’s lawful trademark price was infringed on KRW 3,080,000 at the fixed price.

3. From April 15, 2015 to October 26, 2015, the Defendant sold online open market “open Market” points 215, such as the list of crimes (3) in the attached Form No. 215, thereby infringing on the trademark right that was duly registered by another person’s legitimate act at the fixed price of the goods.

4. From May 19, 2015 to November 5, 2015, the Defendant sold online open market “open Market” points 199 points, such as the list of crimes (4) in attached Table 2 to the online open market, thereby infringing upon the trademark right that was duly registered by another person’s legitimate act as a trademark price of KRW 6,965,00 at a fixed price.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Protocol concerning suspect interrogation of C;

1. Details of sales of forged goods;

1. Business registration certificate copy;

1. Details of sales of opphones and cellphones;

1. Investigation report (in relation to attachment of opphone cases submitted by A of a Suspect) (in relation to attachment of photographic materials of a suspect);

1. Investigation report (limited to infringement on trademark rights of mobile phone cases containing a virtual phone phrase);

1. Report on investigation (whether or not to register a trademark);

1. Goods for the report of investigation.

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