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(영문) 부산지방법원 2017.06.16 2016고합376
상표법위반등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by a fine of 30 million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B corporation established on December 12, 1981 and located in Busan Dong-gu C for the purpose of manufacturing and selling ship parts.

1. Defendant A

A. The above B Co., Ltd., operated by Defendant A in violation of the Trademark Act, entered into a contract with D Co., Ltd. to sell diesel engine parts from December 1992, and received the right from D Co., Ltd to supply parts required for diesel engines and sell them to customers.

Defendant

A In addition to parts received from D Co., Ltd., A received parts from D Co., Ltd., and was equipped with a plan to sell them by packaging as if they were parts received from D Co., Ltd.

Defendant

A purchased 12 engines from (ju) E on January 1, 201, after packing the said parts into a vinyl blick with the trademark “G (trademark registration number H)”, and sold them to the I on January 22, 201.

Defendant

A From January 1, 201 to July 1, 2015, from around July 1, 2015, a trademark holder, a trademark holder, through the foregoing method, transferred the engine parts, etc. attached with a trademark identical with or similar to “G (G, trademark registration number H)” registered with the Korean Intellectual Property Office as a vessel engine, etc., in total 100,292 times as shown in the attached list of crimes (1).

Accordingly, Defendant A infringed on the trademark right of the above trademark right holder.

B. On February 1, 2006, Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Occupational Embezzlement) requested that K operator L, a business partner of B, purchase of engine parts 3,487,00 won and deposited KRW 3,170,000 after deducting the value added tax from K to the personal account managed by B. After receiving the consent, Defendant A deposited KRW 3,487,00 in K as the price for goods.

Defendant

A shall make a deposit in M&A bank in which the defendant manages 3,170,000 won except value added tax from K.

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