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(영문) 수원지방법원 안산지원 2019.01.10 2018고단3685
상표법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

1,3270,000 won shall be additionally collected from the defendant.

Defendant

B, C, D,.

Reasons

Punishment of the crime

1. Defendant D is a person who posted a false article on the sales of counterfeit goods at F (Nene G) and H and received a request from a consumer or clothes retailer registered at his/her domicile for the purchase of specific counterfeit goods and then purchased the pertinent goods from the I market trading partner and then delivers the goods to the place designated by the buyer and receives the remittance of the price of the goods.

On March 29, 2017, the Defendant purchased one store which used the trademark registered with the Korean Intellectual Property Office of Korea as designated goods from a wholesale company in the I market after receiving an order issued by the Defendant A, who is a clothing retailer, from the I market, and sold 49 points totaled 5,000 won of counterfeit goods to the L-based Bank Account (M) used by the Defendant from A to March 6, 2018, thereby infringing on the trademark rights of the trademark right holder by selling at 49 times in total, as shown in attached Table 1, 5,089,00 won (value 243,120,000).

2. Defendant C is a person who, on receipt of a request from the clothing retailer or consumer who has registered as a friendship with F (N) for the purchase of counterfeit goods, purchased the goods at the I market and then delivers the goods to the place designated by the buyer and receives the remittance of the amount of the goods.

On February 20, 2017, the Defendant: (a) purchased 1 points from a wholesale company in the name of the first market, which was issued an order issued by the Defendant A, to use the trademark registered by O as designated goods at the Korean Intellectual Property Office; and (b) delivered goods to A’s customer P; and (c) received money of KRW 40,000 from Q Bank account in the name of the Defendant to November 16, 2017; and (d) transferred counterfeit goods 77 points in total on 54 occasions, as shown in attached Table 2, from November 2017 to November 16, 2017.

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