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Acquittal of the accused shall be acquitted.
Reasons
1. The summary of the facts charged is a person who sells clothes, etc. at online sales site “B”.
No person shall transfer or transfer, without legitimate authority, goods identical with or similar to designated goods on which a trademark identical with or similar to another person's registered trademark is marked.
Nevertheless, on June 30, 2017, the Defendant possessed a total of 22 counterfeit goods to be sold to many unspecified persons, such as the list of crimes, such as E in which marks (registration number F, trademark right holder G, and New York of the United States) are used, from the Korean Intellectual Property Office of the Republic of Korea (registration number No. 6, trademark right holder G, and New York of the United States) registered with the Korean Intellectual Property Office in Ansan-si Office of Korea from the
Accordingly, the Defendant infringed trademark rights, such as “G,” etc.
2. Determination
A. Where a number of acts falling under the same name of crime or continuous acts are continuously conducted for a certain period under the criminal intent of a single and continuous criminal, and the damage and legal interest thereof are the same, each of these acts shall be punished by a comprehensive crime. Since the main legal interest in the crime of violating the Trademark Act is the protection of a trademark right holder's business credit, etc., the principal legal interest in the crime of violating the Trademark Act is a trademark right holder's business credit, and where a crime of violating the Trademark Act is committed continuously for a certain period under the single and continuous criminal intent, a single crime is established by combining each registered trademark (see Supreme Court Decision 2006Do1252, May 11, 2006). (b) Comprehensively taking into account the following facts recognized by the records of this case, the crime of summary order, which was established, imported the clothing, etc. attached with the forged trademark for selling the forged goods, and it is difficult to view that there exists a difference in the registration of the trademark, which constitutes a series of crimes of continuous criminal intent.
Therefore, the above summary order has already become effective.