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(영문) 부산지방법원 2018.04.25 2018고단889

상표법위반등

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 is a person who sells to a national wholesale or retailer in the storage of a false brand forged in a foreign country supplied by a seller of counterfeit products in China and a foreign country in store located in Ulsan-gun C building 202 and D building 205.

1. Violation of the Trademark Act;

A. On April 19, 2017, from around September 2017 to around September 2017, the Defendant sold 210 points, such as bags, bags, etc. with the same and similar trademark attached to the Korean Intellectual Property Office (LUIS VUTON), and the seller of counterfeit goods, E and F, as shown in the attached list of crimes (1) to the seller of counterfeit goods, as indicated in the attached list of crimes, sold them to the 2.10 points (64.5 billion won at the fixed market price) from April 19, 2017 to February 26, 2018, as shown in the attached list of crimes (2.16 billion won and the attached list of goods) to the seller of counterfeit goods, which was designated as a trademark right holder, and registered with the Korean Intellectual Property Office as a bags, 160 billion won and the attached list of goods (2.16 billion won and the attached list of goods).

B. On February 26, 2018, the Defendant, holding counterfeit goods for sale, filed a lawsuit for the purpose of transferring or delivering forged goods 615 points, such as a bank with a trademark identical with or similar to the aforesaid “LOIS VUITON”, as shown in the attached list of crimes, at around 14:30 on February 26, 2018.

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

2. The Defendant, in violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds, sells counterfeit goods from April 19, 2017 to February 26, 2018, with intent to use an account under another’s name in order to avoid tracking by an investigative agency, sells counterfeit goods, such as the attached list of crimes (2), and pretends that some of the proceeds of the crime belongs to the Defendant’s vegetable G, a third party. < Amended by Act No. 15305, Apr. 19, 2017>

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