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A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence Nos. 1 through 20 shall be confiscated from the accused.
Reasons
Punishment of the crime
1. No person who violates the Trademark Act shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or allowing another person to use such trademark on goods identical or similar to the designated goods;
Nevertheless, the Defendant, by requesting a single name B in China, manufactured the clothes, caps, shoes, etc. on which a well-known trademark is attached, brought them into the Republic of Korea, sold them through C(D), E, etc., and infringed upon the trademark rights of F, etc. in collusion with B as follows.
A. On April 16, 2018, the Defendant, at the office located in G in Namyang-si and the container of the I Logistics Center in Namyang-si, Namyang-si, the Defendant: (a) entrusted the above B with the use of the container; (b) possessed, for the purpose of sale, counterfeit clothes (for the purpose of sale) with the trademark “J (Registration Number K)” registered with the Korean Intellectual Property Office, which is a trademark registered with the Korean Intellectual Property Office; and (c) possessed for the purpose of sale, as shown in the attached list (1) of crimes in the attached Form 8,396 points (the presumption of good is equivalent to KRW 2,246,874,00).
B. On November 11, 2017, the Defendant sold a forged trademark equivalent to KRW 166,00,00 of the forged clothes attached to F, a trademark registered with the Korean Intellectual Property Office via E, to the LAB. From October 28, 2016 to April 16, 2018, the Defendant sold a forged trademark of KRW 1,408,689,567 (the presumption of fixed goods is KRW 10,565,171,752) total amount of KRW 7,519 (the total amount of KRW 10,565,752) from October 28, 2016 to April 16, 2018.
2. No trader or distributor of goods, etc. in violation of foreign trade-related Acts shall place a false or misleading indication of origin;
Nevertheless, the defendant requested the above B to do so on 2017, and the M new 294, manufactured in China, Korea, and J 75, Japan, respectively.