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(영문) 의정부지방법원 2013.11.25 2013고정1126

상표법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No trademark identical or similar to another person's registered trademark in violation of the Trademark Act shall be transferred or delivered to another person on the goods identical or similar to the designated goods;

On the Internet, the Defendant: (a) opened a sales site of counterfeit goods on the Internet on July 2012, 2012, posted the sale of counterfeit goods on the website; and (b) placed the photograph of the sold goods on the website on September 8, 2012 on the website; (c) placed two forged and falsified trademarks registered with the Korean Intellectual Property Office on September 8, 2012 by DoSE &GBABA (TP) located in the Doz., a domestic resident on the website on September 3, 2012; and (d) purchased the same her mother from the single street store in Seodaemun-gu, Seoul; and (e) sold the same her mother at KRW 100,00,00 by means of selective delivery; and (e) sold 30,000,000,000 won by means of 30,000,000,0000 won, 37,000,000,000

2. The fact-finding on the acquisition of property by an act infringing on another person's trademark right in violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

The Defendant, as indicated in attached Table 2 (laundry of Funds), received 3,000 won from July 23, 2012 to receive payment for the sale of counterfeit goods into the E account opened in the post office under the name of D, and received 33,000 won from F to the same account from July 23, 2012, thereby pretending the fact of criminal proceeds, etc. by receiving 34,870,000 won for the sale of counterfeit goods from around 320 times until October 16, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer with respect to G and D.