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(영문) 전주지방법원군산지원 2020.08.12 2020고단591
상표법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Trademark Act: (a) from January 2018 to March 2020, the Defendant engaged in the business of selling women’s clothes in the name, etc. of “D”, “E”, “F”, “G”, and “H” through the Internet site B’s website.

No one shall deliver, sell, forge, 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.

Nevertheless, around January 2, 2018, the Defendant received 89,000 won from K, a customer, and sold the clothing with a forged trademark in the same shape as the registered trademark (registration number J) of the owner of the trademark right via C through the above C, and sold it from around that time to March 18, 2020, and sold the clothing, etc. with a forged trademark in the above manner as described in the attached crime list (1) as shown above, 212,782,90 won in total, over 2,314 times, and infringed the trademark right of each owner of the trademark right.

2. On October 31, 2019, the Defendant violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment, when selling the clothing attached with a forged trademark, as described in paragraph (1), sold the clothing attached with the trademark “L” in the same shape as the registered trademark (registration number M) of the trademark right holder at around October 31, 2019, and deposited KRW 290,000 from around that time to December 29, 2019 in the name of the Defendant’s mother-friendly N (P) as well as from around that time to December 29, 2019, the Defendant pretended that the sum of sales proceeds of the clothing attached with the forged trademark at least 35,436,90 won deposited in the said account over a total of 363 times, and that criminal proceeds, etc. accrue to a third party.

Accordingly, the defendant pretended the acquisition of criminal proceeds, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of Qua;

1. Police seizure records;

1. A complaint, a written appraisal, a purchase photograph, etc., the trademark register, a closure photograph, etc., and all evidential materials, such as a photograph, etc.;

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