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(영문) 서울북부지방법원 2019.01.17 2018고단4158
사기등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

on the part of the defendant B.

Reasons

Punishment of the crime

1. From 2006 to 2017, Defendant A introduced “D” operating a forged product store from “C” selling counterfeit products to which he/she had known while working as a Korean tourist guide, and from “C”, Defendant A was willing to import and sell counterfeit products sales site in Korea, which is a registered trademark, to import and sell overseas well-known brand MONC, No. 40-1210208 (No. 40-10208).

On October 1, 2017, the Defendant established a “H” Internet shopping mall (I) registered in the name of the Defendant at the Defendant’s home of the Defendant’s building F of Gwanak-gu, Seoul Special Metropolitan City, and posted a letter of sale on the product guide page, stating that “The Defendant sold a bottled and imported mong trademark,” but, in fact, attempted to sell bags and labels with a forged trademark having no intent or ability to sell flags.

On October 1, 2017, the Defendant: (a) received an application for purchase of a mong tablet and Belgium from the VictimJ through the said shopping mall; (b) settled KRW 146,000 through G’s settlement system; and (c) sold a fake mong wall as if it were a fluor.

From October 1, 2017 to August 30, 2018, the Defendant sold a counterfeited trademark with 3,535 victims, as shown in attached Table 1, and took property benefits by paying KRW 343,796,980 as the price for the goods.

(b) 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 making another person use such trademark on goods identical or similar to the designated goods;

(1) From October 1, 2017 to August 30, 2018, the Defendant sold from around December 7, 2017 to July 31, 2018.

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