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(영문) 의정부지방법원 2015.01.29 2014고정2478

상표법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged shall be organized and criminal facts shall be recognized:

1. The Defendant violated the Trademark Act: (a) while operating the Internet shopping mall “D” in Namyang-si, Namyang-si; (b) around June 27, 2012, sold a forged 15,500 won or more via the above Internet shopping mall; (c) and (d) from that time to December 18, 2012, he/she sold forged flab, a trademark holder overseas, a total of 11 times as indicated in the list of crimes in the attached Table; (d) sold forged flab, a trademark holder overseas, a trademark holder overseas, and a forged flab,38,305 won or more, such as the flador and monl, and (e) sold forged flaved 135 (a product amounting to KRW 170,700,000,000,000).

2. Although a person who violated the Act on the Regulation and Punishment, etc. of Gains from Crimes does not disguise the acquisition or disposition of proceeds from crimes, the Defendant, around June 27, 2012, pretended the fact that he/she received KRW 155,500 sales proceeds of a mother and child sold through Internet shopping mall D from the Defendant’s Dong E Exchange Bank account (Account Number:F) and transferred the total sales proceeds of counterfeit products to his/her account from December 18, 2012 to December 11, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each protocol of seizure and each list of seizure;

1. Each investigation report, whether a petition product is made or not, and the details of inquiries about the actual price of the product, each original trademark register, and each written appraisal;

1. Application of each statute on photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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