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서울서부지방법원 2015.05.14 2015고단387

상표법위반등

Text

Defendant

A Imprisonment for 10 months, Defendant B, C, and D shall be punished by imprisonment for 6 months.

However, as to Defendant A and D, this is applicable.

Reasons

Punishment of the crime

Defendant

A is the representative of H in the 20th floor of the G building in Gwangjin-gu Seoul Special Metropolitan City, and Defendant B and C are employees of the above H, and Defendant D is a distributor who has distributed and supplied food, taxation, etc. among others.

Defendant

A requested China to manufacture fake stuffs in its articles of incorporation for the purpose of raising funds for H management difficult, and prepared a Madmons, packing machines, etc. that can manufacture red ginseng beverages to Defendant B.

Defendant

B under the direction of Defendant A, Defendant A manufactured red ginseng beverages by arbitrarily inserting red ginseng concentration, etc., and Defendant C conspireded to play a role in packing or transporting stuffs.

1. Joint criminal conduct by Defendant A, Defendant B, and Defendant C

(a) Any person who intends to engage in the business of manufacturing or processing foods in violation of the Food Sanitation Act due to acts of manufacturing without registration shall register with the Minister of Food and Drug Safety, the Special Self-Governing Province Governor

From the end of August 2014 to the end of September 2014, Defendants conspired in collusion with Defendant B, which was located in Macheon City, equipped with Gads strawet, packing machines, water tanks, sweet wings, etc. without registering food manufacturing and processing business, and manufactured 30,000 red ginseng beverages by mixing them with red ginseng concentration, water peep, water sweet, water sweet, sweet, sweet, red sweet, and elel color sweet (30,00,000 won per market price).

As a result, Defendants conspired to manufacture food without being registered as food manufacturing and processing business.

B. In order to sell a trademark identical or similar to “Articles 40,00 (registration number 4020116564, etc.) of the Korea Ginseng Corporation designated the designated goods as red ginseng processed food, etc. and registered with the Korean Intellectual Property Office, the Korea Ginseng Corporation, in collusion, made red ginseng concentration, etc. at the residence of Defendant B located in Scheon-si from the end of August, 2014 to September 2014, by arbitrarily inserting red ginseng concentration, etc. as described in paragraph (a), and entrusted by Chinese business operators, made red ginseng beverages.”