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(영문) 서울북부지방법원 2015.06.16 2015고단362

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had expressed a mind to sell household articles writing using a famous trademark on the Internet NAVER car page “Neman,” which used the name trademark.

1. On June 17, 2014, the Defendant, on the bulletin board of the said “Sey-Ban”, posted a letter to sell the said letter to the victim D who reported and contacted the said letter. The Defendant made a false statement to sell the said letter to the victim D.

However, in fact, the above writing was produced by stealing the trademark in China, and the defendant did not have any intention or ability to sell the famous trademark writing.

In such a way, the Defendant, by receiving KRW 50,00 from the victim to receive KRW 50,00,00 from the victim as the sales proceeds of the writing license, and acquired it through deception, as shown in the List of Crimes in the attached Table (1), from around that time to November 24, 2014, by taking 45,233,00 won in total as the sales proceeds of the writing license from the victims, and acquired it through deception.

2. On November 24, 2014, the Defendant in violation of the Trademark Act, without legitimate authority, sold household effects with the same trademark as “Rday-Ban” registered by the Korean Intellectual Property Office No. 368240, as stated in paragraph (1), and sold a total of 533 household effects as indicated in the attached list of crimes (1). On November 24, 2014, the Defendant, within the warehouse located in Gangseo-gu Seoul Metropolitan Government, kept for the purpose of sale of household effects and case 587, which stolen the famous trademark, such as the list of crimes (2).

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. A criminal investigation report (Submission of a detailed statement of account deposits in the National Bank of Korea);

1. Report of investigation (Attachment to the trademark register);

1. An investigation report (attaching a list of persons who purchase letters from a suspect);

1. The purchaser for the investigation report;

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