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(영문) 대구지방법원 2016.06.23 2016고단1792
상표법위반등
Text

1. The defendant A shall be punished by imprisonment for one year;

Seized evidence Nos. 1 through 7 and 10 shall be confiscated from Defendant A.

2.

Reasons

Punishment of the crime

Defendant

A and Defendant B, in a de facto marital relationship, jointly operate Chinese food stores and prepaid phone sales stores on the 1st, Daegu-gu, and jointly operate a Chinese food store and prepaid phone sales store. Defendant C, in the name of “L” from the 1st, Seogu, Daegu-gu, Daegu-gu, and the sales store of communications products, Defendant D, in the trade name of “N” in the 6th, Seoul-gu M6th, Seoul-gu, and Defendant E, in the name of “P” in 209-3, Jung-gu, Daegu-gu, Seoul.

1. Joint crimes committed by Defendant A and Defendant B

(a) No person who violates the telecommunications business shall provide telecommunications services provided by a telecommunications business operator for communications purposes;

Nevertheless, as the competition among the designated-based suppliers has deepened due to the depression of the pre-paid industry for foreigners, the Defendants: (a) have opened a large number of pre-paid phones in the name of a foreigner without any separate identification procedure when the Defendants received an application for the pre-paid phone purchase in the name of the foreigner from the sub-sale store and only identification card that can prove it; and (b) it is difficult to confirm whether a foreigner whose name is stolen in the characteristics of the pre-paid phone has opened a large number of pre-paid phones in the name of the foreigner himself/herself; and (c) have prepared an application for the pre-paid purchase in the name of the said foreigner by using the personal information, etc. collected illegally in the location of the travel company or service company, etc. in the name of the said foreigner; and (d) have opened the pre-paid phone purchase in the name of the said foreigner.

B was recruited to sell and distribute as the so-called "largeponess".

Accordingly, the Defendants, on March 2, 2015, set up a table at the “J Mart” sales store operated by the Defendants of the 1st, Daegu-gu International Commercial Building on March 2, 2015.

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