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Defendant
A and B shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
except that this judgment.
Reasons
Punishment of the crime
On May 2016, the Defendants agreed to sell forged trademarks that stolen foreign famous trademarks from the heading room of the Gu H building in Ansan-si, through Internet publicity to many unspecified consumers. Defendant A had the role of procuring forged trademarks from domestic and foreign suppliers, and Defendant B and Defendant C conspired to promote and sell counterfeit trademarks to customers.
1. On November 1, 2016, the Defendants asserted that, at the above office’s office office, they sold a forged trademark indicating “TGHEUE (Trademark Registration No. 0146258)”, a trademark registered with the Korean Intellectual Property Office, “TGHHEUE (Trademark No. 0146258),” and that, from that time to December 16, 2017, the Defendants sold a forged trademark of 933 points in total, such as a forged trademark (sale amount of KRW 323,351,500, total sales amount of KRW 323,351,500, in total), the Prosecutor’s act of infringing trademark rights is an act of infringement under Article 108(1)1 of the Trademark Act in relation to this part of the charges.
However, the above facts charged should be deemed as infringement due to the sale of goods stipulated in Article 108 (1) 2 of the Trademark Act. However, since it falls under the scope that there is no disadvantage to the defendant to exercise his/her right of defense, the above facts charged are recognized without the procedure of amendment of indictment.
2. On February 26, 2018, the Defendants holding forged products for the purpose of transfer held possession for the purpose of transferring 88 marks of forged trademark “IWC (No. 052288 registration number) registered with the Korean Intellectual Property Office” from “IWC (No. 0522288)” from “S.” at Annan-gu Jtel 1611 at Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, Ann-si, the Defendants held in order to transfer 3,00 marks of forged trademark 116 and 1117 of H building at the same date and at the same time and at the same time, as in the same time, and in total,