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(영문) 대구지방법원 서부지원 2018.08.30 2017고단3252
상표법위반등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and each of the defendants B and C shall be punished by imprisonment with prison labor of one year.

except that this judgment.

Reasons

Punishment of the crime

【Defendant A’s past record of crime committed on December 8, 2017 by the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and sentenced to the suspension of execution on December 16, 2017, for two years and six months after being sentenced to the suspension of execution on December 16, 2017.

【Criminal facts】 The Defendants jointly run the F (H) in the office located in Seogu-gu E and the third floor of the Daegu-gu, the 2017 Highest 3252.

1. No person who violates the Trademark Act shall infringe on a trademark right by delivering, selling, forging, forging, or possessing a trademark identical with or similar to another person's registered trademark for the purpose of using it on goods similar to the designated goods;

Nevertheless, the Defendants conspired to produce and sell mobile phone cases and mobile phone holes, which are goods similar to the designated goods, by forging the trademark of pet, re-fluor, paint, paint, BMW, and benz.

A. According to the above conspiracys as seen above, the Defendants infringed on the trademark rights of the above five trademarks by keeping the forged trademark at around 14:00 on April 28, 2017, the trademark of the above five trademarks for the purpose of selling a fake plug case 2,312 in the above office (the trademark right holder: the registration number of the trademark service mark :029798) and by keeping the forged trademark at around 2,210, as in the attached list of crimes (A.) in the attached list of crimes (A.).

B. According to the above conspiracys of selling counterfeit goods, the Defendants, from August 6, 2015 to May 14, 2017, sold the above five trademarks to unspecified majority 9,364 points of the total number of counterfeit goods of the above five trademarks through the above four trademarks and the above five trademarks via the so-called online shopping mall “F” and the above four trademarks “F” (A.II).

2. The person who has violated the Unfair Competition Prevention and Trade Secret Protection Act shall be another person who is widely recognized in the Republic of Korea;

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