상표법위반
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a person who sells forged sights in the name of “B” from August 29, 2014 to May 2015, 2015 in the clock, a mobile web, which sells used goods, from around the beginning of May 29, 2015.
On April 17, 2015, the Defendant: (a) received KRW 145,00 from C to the Agricultural Cooperative Account (D) in the name of the Defendant, who had reported the advertisement posted on the said website at around Flux; and (b) sold a forged trademark attached with a trademark identical or similar to “TAGHEUE (Registration No. 40-0146258-00-00)” registered with the Korean Intellectual Property Office by the director to the Korean Intellectual Property Office “TAG HEUE (Registration No. 40-01468-00).
In addition, from October 9, 2014 to April 29, 2015, the Defendant sold a total of 135 points of visibility with a forged trademark (sale proceeds of KRW 18,904,00, total market value of 984,454,000) from October 9, 2014 to April 29, 2015, and infringed trademark rights of trademark holders, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the examination of the suspect of the defendant (including a detailed statement of deposit transactions in the attached table) against the defendant;
1. Application of Acts and subordinate statutes to a report on the collection of criminal intelligence and the commencement of internal investigation, a civil petition filed by a national newspaper, an appraisal statement, a detailed statement of deposit transactions, an investigation report, an investigation report (as to registration of a trademark), and an investigation report (as to calculation of the amount of trademark infringement);
1. Article 93 of the Trademark Act regarding facts constituting an offense (to select fines, including each registered trademark);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the time and reflection of the instant crime, the period and scale of the crime, the sales of counterfeit goods prior to detection, the fact that the Defendant has no record of criminal punishment in addition to the disposition of suspending indictment once, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, shall be determined as the same as the order, taking into account the following factors: