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(영문) 서울중앙지방법원 2014.12.18 2014고단7666
사기등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 7,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. From February 27, 2014 to March 18, 2014, the Defendant violated the Trademark Act due to the operation of “D” sold approximately 10 square meters of the trademark “MAMUT” (registration number: 1043732) registered as the designated goods from “D (F) ” Internet shopping mall established by the Defendant, the trademark holder of “MAMUT”, the trademark of “MAMUT” (registration number: 1043732) arbitrarily attached to many and unspecified persons.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

B. Violation of the Trademark Act due to the operation of “G” and the Defendant committed fraud, on March 2014, with a monthly salary of KRW 2 million, employed B as an employee, and subsequently, established an Internet shopping mall, with intent to sell to many and unspecified persons as if they were genuine products.

On March 20, 2014, the Defendant opened an Internet shopping mall in the name of H, 201, and G (GI) around March 20, 2014, and sold various kinds of clothing, such as black, yellow, silver, coarp, age, H, etc. on the above website, and advertised the above products as if they were authentic.

However, the above products did not have the intent or ability to send the products to the buyer, because they were fake goods purchased by the Defendant in the street store, etc. in the Dongdaemun.

around March 20, 2014, the Defendant received total of 58,900 won from the victim J in terms of the price for Titts attached with a fake trademark (registration number: No. 0932759) and Titts and Mabbbane, as described in attached Table 1 from March 20, 2014 to August 11, 2014, in the same manner as above, 387,910 as the price for goods from 3,852 victims to 9,945 times in total.

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