A defendant shall be punished by imprisonment for six months.

압수된 루이비통 가방 218개, 루이비통 지갑 3개, 샤넬 가방 75개,...

Criminal facts

1. From August 28, 2012 to January 15, 2013, the Defendant: (a) sold bags and land bags in Seongbuk-gu Seoul, with a forged trademark attached; and (b) sold bags and land bags with the trademark right holder’s registered trademark “LOUS VUITN (registration number: No. 012539)” which is identical or similar to “LOUS VITN (registration number: No. 012539); and (c) sold bags with a forged trademark attached with the trademark, 16 points, including bags, bags, and bags attached with the forged trademark as shown in attached Table 1, thereby infringing on the trademark right of the said trademark right holder.

2. At around 01:00 on January 15, 2013, the Defendant kept 310 points (1,040,000 won at the fixed price of the goods) of the trademark right holder, “LOUIS VUITN (registration number: 0125539)”, a registered trademark of the trademark right holder, for sale, for the purpose of selling the bags with a forged trademark attached, 218 points in the same or similar shape, and 310 points (1,040,000 won at the fixed price of goods) such as bags and bags attached with a forged trademark, as described in attached list 2 of the crime list, and infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of control photographs, attachment of trademark register, confirmation of price of authentic goods, calculation of price of authentic goods, attachment of receipts, etc., and verification of receipts, items, etc. confiscated at the control site

1. Article 93 of the Trademark Act as to facts constituting an offense (limited to each registered trademark);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. The act of selling forged trademark attachment, which is identical to the crime of this case, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, infringes upon the rights of the trademark right holder.