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(영문) 서울중앙지방법원 2017.11.30 2014고단9764

사기등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. The Defendant, on October 2013, opened a shopping mall site in the name of “C” and was aware of it.

D through the East E of D, it has secured the clothing with a forged trademark of Aberom chrom chrose and arm's length lease (hereinafter referred to as "a even corner clothes") in China, and had mind to sell it in a way of directly delivering it to buyers from China.

On November 1, 2013, the Defendant opened a shopping mall site in the name of “C” at the Defendant’s office located in Gangnam-gu Seoul, Seoul, with the name of “C”. On December 201, 2013, the Defendant transferred the office to G and the first floor in Seoul, Gwangjin-gu, Seoul, and then, as if the clothes, such as Abee and chro chro, sold in the said shopping mall, are good, “Goods, in C, have the capacity to purchase 100% of overseas direct imports.”

The said shopping mall was operated by inserting a false advertisement stating “.......”

However, since the above shopping mall was an even corner, even if the purchaser received the price of the clothes from the purchaser, there was no intention or ability to supply the clothing.

Nevertheless, on November 23, 2013, the Defendant received an order from the victim H to receive KRW 180,000 as the price, such as operating a shopping mall as above and receiving KRW 180,000 from November 20, 2013 to February 9, 2014, respectively, the Defendant acquired KRW 14,380,521 in total as the price for clothes from the victims of 1,007 from November 20 to February 20, 2014, respectively.

(b) No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark in violation of the Trademark Act for the purpose of using or making another person use it on goods identical or similar to the designated goods

Nevertheless, the Defendant, from November 20, 2013 to February 9, 2014, registered with the Korean Intellectual Property Office “Abee-style and UPE Es,” without legitimate authority, through the above Internet shopping mall at the Defendant’s office described in paragraph 1 from around November 20, 2013.

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