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(영문) 춘천지방법원 2018.08.28 2018고단398
상표법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who sells counterfeit goods to the whole country in Chuncheon E, E, 101.

1. From October 1, 2016 to August 31, 2017, the Defendant in violation of the Trademark Act sold to J (K) the bags with the same and similar trademarks attached to Btega Veta, trademark registration No. 1084106), as well as selling a total of KRW 2,754 points, including sales amounting to KRW 36,97,00 (36,970,987, 108, 108, 108, 107, 208, 207, 208, 207, 207, 208, 366,754 points total sales amounting to KRW 2,754, as in the list of daily crimes (1).

Accordingly, the defendant infringed the trademark rights of the above trademark right holders.

2. The Defendant violated the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, when selling counterfeit goods as stipulated in paragraph (1) of this Article, requested a name-free account from a person living in China to transfer the sales proceeds to a name-free account through L “L” in order to avoid tracking by the investigative agency. The Defendant believed that he/she would be able to disguise the acquisition of criminal proceeds, etc. by withdrawing it in cash or transferring it to cash after withdrawing it from cash.

From November 18, 2016 to August 31, 2017, the Defendant pretended to the acquisition of criminal proceeds, as if the Defendant acquired the criminal proceeds from the sale of counterfeit goods by selling counterfeit goods as shown in the list of crimes in the attached Table (2) and by transferring the total sales proceeds of KRW 271,127,90 to the account in the name of the Japanese Bank (N) and the account in the name of M Bank (O).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. An investigation report (site), an application form for the bank account transaction, identification of personal information, account transaction details, etc., Defendant M&C application form, transaction details, etc., and M&C account.

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