beta
(영문) 부산지방법원 2013.04.25 2013고정737

상표법위반등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The act of using a trademark identical to the registered trademark of another person on goods identical with or similar to the designated goods registered by another person without legitimate authority in violating the Trademark Act is erroneous;

The Defendant, using another person’s name, such as his/her family, etc., to sell the forged age key, brought from Thailand and Myanmar in a non-fluorous manner, at an Internet open market. From 11 to 84,00 won on May 14, 201, the Defendant sold 53,400 won a forged golf straws with a total of KRW 80,00,00,000 from that time to August 29, 2012.

1. As indicated in the “Violation of the Trademark Act”, in a total of 836 times via the Internet Open Market (hereinafter “Open Market”) and at No. 11,040,000 won (sale price of KRW 46,827,040) were sold, thereby violating the Trademark Act.

2. Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “Violation of the Act”) pretended that criminal proceeds amounting to 33,621,940 won in total are deposited into another person’s account throughout 287 times, such as details of statement. The facts charged are the best property that is lawfully acquired after concealing, cash withdrawal and use.

However, considering the applicable provisions of indictment (Article 3 subparagraph 1 of the Act) or the remaining facts charged, it is clear that it is an error in the facts charged in the judgment, and it is corrected ex officio.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report and accompanying documents;