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(영문) 서울동부지방법원 2015.01.07 2014고단2864
사기등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person engaged in the business of selling fake trademark clothes, and Defendant B is a president who provides the name required for the business upon the recommendation of Defendant A.

No one shall use a trademark identical with or similar to another person's registered trademark for goods identical with or similar to the designated goods or possess such trademark for the purpose of use.

1. From February 2014, Defendants in violation of the Trademark Act and fraud due to the sale of fake goods: (a) from the mid-2014, Defendant A purchased cream and yellowish, etc. with a forged trademark attached in the East-gu market; (b) Defendant B provided business registration name; and (c) took charge of the packing of goods purchased by Defendant A; and (d) customer phone calls, etc.; and (c) Defendant A sold goods purchased by Defendant A through Internet shopping mall as genuine goods.

From February 27, 2014 to May 15, 2014, the Defendants established an office on the D 1st floor of the Gu Government-si from February 27, 2014, opened an Internet shopping mall of E, F, and G, and advertised as if the above website was a good with a forged trademark purchased by Defendant A.

However, the above products were affixed with a forged trademark purchased by Defendant A in the East capital market, and the Defendants did not intend to send the products even if the victims of the Internet shopping mall purchase the said products.

On February 27, 2014, the Defendants received KRW 157,50 from the victim H as the Twits price, and sold approximately KRW 5,247 (50,000,000,000) for the total price of goods from the victims over 5,247 times from February 27, 2014 to May 15, 2014, as shown in attached Table 1, 2, and 3, the Defendants received KRW 5,861,715 in total, and sold approximately 5,247 (the market price of goods presumed to have been KRW 50,00,00) for the clothing, etc. on which a forged trademark is attached.

Accordingly, the Defendants conspired to induce victims.

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