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(영문) 인천지방법원 2013.09.12 2013고정1015
상표법위반
Text

Defendant

A and B shall be punished by each fine of KRW 3,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. No trademark identical with the registered trademark of another person shall be used for goods similar to the designated goods, or a trademark similar to the registered trademark of another person shall be used for goods identical with or similar

However, F had the responsibility to load counterfeit goods in Hong Kong, and the defendant was responsible for the name of the customs clearance and the domestic sales.

On April 13, 201, the Defendant, without legitimate authority to use trademark rights at the Incheon Airport Customs Office located in Jung-gu, Incheon, Jung-gu, Incheon, 272, imported the total of 1,800 of the forged gate 1,200 using a trademark identical or similar to the trademark (registration number No. 009493) registered with the Korean Intellectual Property Office (registration No. 009493) as designated goods by the owner of the trademark right as the trademark registered with the Korean Intellectual Property Office (registration No. 0094), using the trademark registered with the Korean Intellectual Property Office (registration No. 009493) as the designated goods.

Accordingly, the defendant, in collusion with F, infringed the trademark right of the trademark right holder.

2. Defendant B, a corporation established for the purpose of trade business in Gyeyang-gu, Incheon. The Defendant imported the forged kits by infringing the trademark rights of the trademark right holder as above in relation to the Defendant’s business at the time and place as set forth in paragraph (1).

Summary of Evidence

1. Each legal statement of the defendant A and F;

1. Each police statement to H, I, J, and K;

1. Application of Acts and subordinate statutes to each statement of authenticity;

1. Article 93 of the Trademark Act and Article 30 (Selection of Fines) of the Criminal Act: Article 97 and Article 93 of the Trademark Act;

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

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

1. Defendant A and Company B: The part not guilty under Article 334(1) of the Criminal Procedure Act (Defendant C);

1. The summary of the facts charged is F.F.

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