beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, along with B, set up a warehouse in Dongdaemun-gu Seoul Metropolitan Government, supplied a well-known brand goods and sold them to other wholesalers and retailers. B received orders and exchanged with manufacturers of household goods and wholesalers and received orders, and the Defendant conspired to play a role in storing household goods stored in the warehouse and delivering them to wholesalers and retailers in accordance with the orders of B.
1. On October 1, 2014, the Defendant, in collusion with B, entered three registered trademarks and written indictments as “LOIS VUITON” in the above warehouse as “LOIS VITON” registered by D, the trademark holder “LOIS VITON” (No. 0118012), and held for sale at KRW 760,00,00 from that time until July 9, 2015, since it is apparent that it is a clerical error and even if it was corrected without any amendment, it would not result in the Defendant’s exercise of the right of defense ex officio, and thus, the Defendant’s correction is ex officio.
Although the total of 726 indictments, such as bags where the trademark of the same shape is attached and cell phone cases, are indicated as “1,350 bills,” this is obvious that it is an error of calculation, and even if it is corrected without the modification of indictment, it does not seem to bring about a substantial disadvantage to the defendant’s exercise of his/her right of defense, such correction shall be made ex officio.
The indictment of KRW 34,83,00 in total contains KRW 65,767,00,00. However, this is obvious that it is an error in the calculation, and even if it is corrected without the amendment to the indictment, it does not seem to cause a substantial disadvantage to the defendant’s exercise of his/her right of defense. Accordingly, it is ex officio corrected as above.
each trademark right holder shall be held to purchase and sell the goods.