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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant is a person who delivers counterfeit goods sold through the “B” Internet shopping mall in Korea, and one-person C and one-person D operates the “B” Internet shopping mall in which counterfeit goods are sold in China in China.
No person shall possess, without any legitimate authority, any goods identical with or similar to the designated goods on which another person’s registered trademark or similar trademark is marked, for the purpose of transfer or delivery.
The Defendant and the above C and D conspired to sell counterfeit goods through BInternet shopping mall and make profits therefrom, and the above C and D agreed to classify counterfeit goods sent by the above C and D from China to the domestic buyers and deliver them to the domestic buyers at home, and share the role as a delivery book to receive fees from the above C and D in return.
Accordingly, around July 18, 201, the Defendant and C, and D violated the trademark right by selling in 270,000 the trademark of “GUCCI”, which was created by forging the trademark of “GUCCI,” which was registered with the Republic of Korea by the E residing in the Si of Pakistan in Gyeonggi-do, from July 18, 201, by forging the trademark of “GUCCI,” which was registered with the Republic of Korea, from that time to July 3, 2012, the Defendant and C, and D violated the trademark right by selling a total amount of KRW 338 points total of KRW 76,783,350 (the market price of the respondent product is KRW 1,104,068,158).
Summary of Evidence
1. Defendant's legal statement;
1. A written statement C and D;
1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;
1. Article 93 of the relevant Articles of the Trademark Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. The reasons for sentencing of Article 97-2(1) of the Trademark Act [Special Sentencing].