beta
(영문) 서울중앙지방법원 2019.02.13 2018고단5502

사기등

Text

A defendant shall be punished by imprisonment for four years.

No. 2 shall be forfeited from the defendant.

The defendant 744,931.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality.

1. On May 8, 2017, the Defendant: (a) moved into the Internet Open Market “B” as “C; and (b) falsely advertised the virtual sports movement via the above website as if it were a realization of D and E trademarks; and (c) sold them by deceiving buyers.

On May 14, 2017, at around 23:05, the Defendant: (a) reported the aforementioned false advertisements included in “B”; and (b) sold household goods D sportsization to the victim G who ordered the said victim as if they were a good; (c) received KRW 92,00 from the said victim as the price for the use thereof; and (d) from April 14, 2018 to April 14, 2018, the Defendant sold them by deceiving 6,814 victims as if they were a good, and acquired KRW 744,931,130 in total as the price for the use thereof, and acquired KRW 744,931,130 in total, from April 14, 2018.

2. No trademark identical or similar to the registered trademark of another person in violation of the Trademark Act shall be used on goods identical or similar to the designated goods;

On May 14, 2017, at around 23:05, the Defendant sold 7,380 square meters on an emergency (the total value of 1,640,825,000 won) on which the above trademark is attached, from around 23:00 to around 02:01, the Defendant sold 7,380 square meters (the total value of 1,640,825,000 won) of household goods on which “H” was attached, as indicated in the Korean Intellectual Property Office’s trademark registration number I, to G, with the same trademark as those attached to the Korean Intellectual Property Office (trademark registration number I), from around 02:01 on September 30, 201, until the day on which the trademark was attached to the Korean Intellectual Property Office, and until the day on which the trademark was sold to E, as indicated in the attached list 2, 300 days’ total value of the designated goods, from around 30:5, 2017.

참조조문