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Defendant
A Imprisonment of one year and six months, Defendant D’s fine of 5,00,000 won, Defendant G’s imprisonment of 6 months and fine of 7,000.
Reasons
Punishment of the crime
[2014 Highest 5548]
1. No person who intends to deliver, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods;
The Defendant, while operating P as the subordinate agency of the CJ Korea Transportation, was requested by the Chinese transportation company, including Q, R, S, and T, to deliver counterfeit goods which had been cleared by pretending to import a small quantity of goods for personal use by an individual. The Defendant, upon receipt of a request from the said Chinese transportation company, sent a large quantity of goods, the customs clearance of which was completed, and then returned and delivered to the actual importer upon receipt of the list containing the contact details, delivery place, items, and quantity of the actual importer, and subsequently, conspired with the Chinese transportation company operator, where the identity of the importer is unknown, to import counterfeit goods by collecting the fee from KRW 1,700 to KRW 2,50 per customs clearance case.
Accordingly, the Defendant: (a) around May 7, 2014, at a warehouse located in Yongsan-gu, Yongsan-gu, Yongsan-gu, U.S.; (b) but W et al. was an order issued by a Chinese transport business entity for domestic sales purposes; (c) imported counterfeit goods by means of packaging the forged “RAYBN” 196 points and delivering them to the said V; and (d) infringed upon the trademark rights registered under Article 0368230 by the Luxembourg Group SPE from January 7, 2014 to June 7, 2014; and (c) thereby infringing on the trademark rights of each trademark holder, as described in the attached list 1-1,970 points in total (including the list of crimes: 38,904,530,530,636 won).
2. Defendant D was commissioned by the Chinese Transport Company S and T around March 8, 2014 while serving as the E-Commerce leader of the Y Customs Office in Gangseo-gu Seoul Metropolitan Government X 381.