2017No3844 Violation of the Trademark Act

1. A;

2. B

Defendant

Mara (prosecutions) and stuffing (public trial)

Attorney N. (National Election for all of the defendants)

Seoul Central District Court Decision 2017 High Court Decision 2017 High Court Decision 2060 Decided October 11, 2017

January 26, 2018

All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

The sentence of the lower court (each fine of KRW 10 million for the accused) is too unreasonable.

2. Determination

All the Defendants are favorable to the confession and rebuttal of the instant crime, and the fact that they are the first offender who has no record of criminal punishment.

However, for about 9 months, the Defendants sold counterfeit goods through NAV Blugs or Kakakaox, and the types of the trademarks and goods they handled are diverse, and the sales volume thereof (not less than 12 points of counterfeit goods, total of 468 points of counterfeit goods, and total of 468 points of counterfeit goods) and profits therefrom (not less than 45 million won among the defendants) cannot be said to be less than 30 million won.

In the instant case where there is no change in circumstances to change the sentence of the lower court, including the above circumstances, the lower court’s punishment is too unreasonable even if considering the various sentencing conditions specified in the records and arguments in the instant case. The Defendants’ assertion is without merit.

3. Conclusion

Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

The presiding judge, senior judge, and leather

Judges Kim Gin-han

Judges Hwang Sung-sung