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(영문) 인천지방법원 2017.02.09 2016고단6086
범인도피
Text

Defendant

B Imprisonment for one year, and each of the defendants A shall be punished by a fine of 7,000,000 won.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B was sentenced to one year of imprisonment for a violation of the Trademark Act at the Incheon District Court on September 23, 2009, and the execution of the above sentence was terminated on July 8, 2010. On July 25, 2014, Busan District Court was sentenced to six months of imprisonment for fraud and two years of suspended execution, and the judgment was finalized on August 2, 2014.

1. Defendant B

(a) No person in violation of the Trademark Act shall transfer or deliver a trademark on goods or packages thereof, or exhibit or import the trademark for the purpose of transfer or delivery without legitimate authority;

In that sense, the Defendant operated a distribution company for domestic delivery in Gwangju with the trade name of "E", "F", etc. in Gwangju, while operating a customs clearance agency for domestic goods with the trade name of "H (Representative I) located in Busan Jung-gu and "JK (Representative L) located in Busan-dong, Busan-gu. On March 21, 2012, the Defendant requested transportation from the "E" office operated by the Defendant located in Gwangju-gu to the owner of the trademark right by the owner of the trademark right without due authority. On March 21, 2012, the Defendant transferred 49 trademarks identical to the trademark registered in the Korean Intellectual Property Office with "BREGUT" (Registration No. 0156035) registered in the trademark of the Republic of Korea (registration No. 0150,000,000 won) to the owner of the trademark right through the import of the goods identical to the registered trademark of the owner of the trademark at least 38,201,381,782,7887,757, and757.

Accordingly, the defendant infringed the victims' trademark rights.

B. The Defendant also knew that the goods with a forged trademark attached in China were imported through the Incheon Customs Office, as described in the foregoing paragraph (a) and, in the process of importing the goods through the Incheon Customs Office, it does not pass a customs clearance in Incheon Customs Office. On March 2012, the Defendant knew of it at the N Hotel in the Southern-gu Incheon Metropolitan City M.

A “In the name of our company in China.”

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