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(영문) 인천지방법원 2015.09.16 2015고단2121

범죄수익은닉의규제및처벌등에관한법률위반등

Text

Defendant

A Imprisonment with prison labor for one year, for ten months, and for eight months, for each of the defendants B.

evidence of seizure.

Reasons

Punishment of the crime

Defendant

A is a person who engages in the wholesale and retail business of cosmetics under the trade name of the Jung-gu Incheon Metropolitan City “J”. Defendant B is a company member working for a cosmetics business entity called “K”, and Defendant C is a person who engages in the manufacturing business of cosmetics in the trade name of “M” in Kimpo-si.

1. On June 2014, Defendant B violated the Trademark Act: (a) received KRW 20 million upon the request of the Defendants to create a forged product identical to that of the “hyp 92% hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp” registered with the Korean Intellectual Property Office (hereinafter “Nyp hyp hyp hyp hyp hyp”).

Defendant

B around that time, Defendant A suggested that Defendant A produce and sell counterfeit diesels with KRW 20 million, and Defendant A accepted it. Defendant A asked Defendant C, who was aware of it, to put labeling work, etc., and conspired to sell counterfeit products and bring profits to Defendant A by selling them.

Thus, Defendant B provided funds necessary for the production of counterfeit products as above, and Defendant A manufactured “M” products using subsidiary materials, such as the content of forged products and green plastic containers, and supplied them to Defendant C as “M” factories operated by Defendant C. Defendant C shared the role of manufacturing and selling the finished products by replacing the four treatmenter type trademark and labels, four treatmenter type, four treatmenter type, the four treatmenter type, and the four treatmenter type, and then distributing the finished products.

As above, the Defendants conspired with the aforementioned “M” factory from around that time to December 2014, and forged the victim’s “Neburing diesel” trademark registered by the victim by forging the said trademark.

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