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(영문) 부산지방법원 2016.09.29 2016고정2865
상표법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

On October 27, 2015, A was sentenced to imprisonment of one year and four months from the Busan District Court for fraud, and the judgment became final and conclusive on January 28, 2016. On October 27, 2015, Defendant B was sentenced to two years of suspension of execution on April due to the crime of aiding and abetting fraud from the Busan District Court, and the judgment became final and conclusive on February 18, 2016.

C In the course of operating Internet shopping mall 11 in China, it advertised the site as if it was an importing or selling company for the franchising of a well-known trademark, such as Ahys, and, as if the delivery is delayed due to customs clearance or other reasons, it is intended to receive money by deceiving customers, and then, as if the delivery is delayed, it does not actually promised to deliver the goods. Defendant A participated in the above crime of the above crime of the above crime of the above crime of the above crime of the above crime of the above crime of the above crime of the company of large shopping mall sales, such as recruitment, fund transfer, withdrawal and management, settlement agency service contract, and settlement contract, etc., of the company of large shopping mall sales, which will be used in Korea. Defendant A and C are in charge of the above act of Defendant A and C, with the knowledge of the above act, kept in a nearby warehouse after being returned, and delivered it to C.

1. In collusion with C on March 12, 2015, Defendant A and Defendant B committed as if they were to sell Adidives frying to the victim E at an influorous place on the same day. From the same day to March 18, 2015, Defendants A and B received KRW 72,800 from the damaged party, and acquired the money by means of the aforementioned method by obtaining a total of KRW 9,095,940 over 112 times in total, as shown in the list of crimes in the attached list of crimes.

2. Defendant A and Defendant B, in collusion with the Korean Intellectual Property Office on March 12, 2015, agreed with the victim E and registered the designated goods with the Korean Intellectual Property Office by the German trademark owner “Adidice Agelesmbamt” as trademark right holder E at a non-permanent place.

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