상표법위반등
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.
Punishment of the crime
1. The Defendant violated the Trademark Act: (a) recruited to operate a single name “C President” and an Internet shopping mall that sells counterfeit goods together; and (b) the Defendant, upon the buyer’s order through the said shopping mall, was in charge of delivering answers and counterfeit goods to the Republic of Korea and managing sales proceeds; and (c) the C President comprehensively managed shopping mall.
Around November 3, 2006, the Defendant and C President of the Republic of Korea: (a) forged a trademark of “Penee” (registration No. 0445238) registered with the Korean Intellectual Property Office of Korea; (b) sold a fake 1 point (the estimated price of the fixed goods is equivalent to KRW 9,00,000) to E who resides in the Republic of Korea through the above Internet shopping mall after receiving KRW 313,00 won; and (c) from then to August 7, 2008, the Defendant and C President of the Korean Intellectual Property Office infringed upon each trademark right holder’s trademark rights by selling a fake 1,366 won in total at 15,917,905,326 won, or by delivering it to buyers located in the Republic of Korea through a post office distribution.
2. Where a foreign exchange agency is not through a foreign exchange agency in the settlement of claims and obligations arising from transactions or acts between residents in violation of the Foreign Exchange Transactions Act and nonresidents, or payment is made with persons who are not parties to such transactions, it shall be reported to
Nevertheless, the Defendant, without reporting to the Minister of Strategy and Finance on August 14, 2007, received the sales proceeds of counterfeit goods sold through Internet shopping mall D from F’s Japanese bank G account and H’s I bank account in order to transfer the proceeds to C President in China, after remitting KRW 2,200,50 to the account opened in the name of J, a refund account, referring to the money deposited on August 14, 2007, from that time to May 31, 2008, as well as paying KRW 2,200,50 to C President in China.