Text
Defendant
A shall be punished by imprisonment of 10 months, by imprisonment of 1 year and 2 months, and by a fine of 3,00,000 won.
Reasons
Punishment of the crime
1. No one shall deliver, sell, forge, imitate, imitate, or possess a trademark identical or similar to a trademark registered by another person A for the purpose of using or causing another person to use such trademark on the goods identical or similar to the designated goods;
A. From December 8, 2016 to September 19, 2017, the Defendant sold a total of 969 marks for counterfeit products to B, as shown in the attached Table No. 205, where “Y” was placed in the “H” store of the 3rd G G shopping district in Daegu-gu, Daegu-gu, 129, without legitimate authority, and the Defendant sold the same trademark as the trademark registered with the Korean Intellectual Property Office, to the said B, and infringed on the trademark rights of the said trademark right, respectively.
B. On November 14, 2017, the Defendant: (a) carried a total of 156 points for sales of counterfeit products, such as the 156 marks attached to the attached Form No. 20, the Defendant, without legitimate authority, on the inside of the J vehicle owned by the Defendant, which was parked on the front of the Seogu Daegu-gu International Office, and without legitimate authority, carried the trademark rights of the said trademark holders for the purpose of selling the total of 156 points, as in the list of crimes in the attached Form No. 2 (2) with the trademark identical to the trademark registered with the Korean Intellectual Property Office.
2. Defendant B and Defendant C’s joint crime is a person who operates a “H” store in which the bank, wallets, etc. are Do and retailed from 129 the 3rd G shopping district in Daegu-gu, and Defendant C is an employee of the above “H” store.
On September 19, 2017, the Defendants conspired and possessed a total of 4,135 points for sale of fake products, as shown in the attached list of crimes (3) and infringed on the trademark rights of each of the aforementioned trademark holders without legitimate authority, including “Ilululug Hag Bag Bag Bag” for the purpose of selling the same trademark as the trademark registered with the Korean Intellectual Property Office, by carrying 230 points for the same trademark as the trademark registered with the Korean Intellectual Property Office.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each protocol of seizure and each list of seizure;
1. An investigation report (Attachment of an appraisal report), an appraisal opinion, and an appraisal opinion;