2014 Highest 598 Trademark Act Violation, Regulation and Punishment of Criminal Proceeds Concealment, etc.

violation of applicable rate

A person shall be appointed.

Kim Tae-tae (Public Trial) and Tae-tae (Public Trial)

Attorney Lee In-hee (Korean National Assembly Line)

April 25, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment became final.

Seized evidence 1 to 14 shall be confiscated.

21, 779, 434 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal facts

1. Violation of the Trademark Act;

around March 25, 2009, the Defendant: (a) sold tensions purchased at a store near the Seoul Dongdaemun-gu Seoul metropolitan market through the branch market, a goods transaction site; and (b) around that time, from around February 18, 2013 to around February 18, 2013, the Defendant stored the clothing attached with a trademark of seven classes of fakes, such as “Adigos,” “Sel,” “Kampa,” “Kamck,” “New Sck,” “Cos,” and “Cos,” and received the same or similar goods from the Internet buyer on the same or similar goods as indicated in attached list 1,728, the total price of clothes 2,04; (c) the aggregate market price of goods 23,015, and 960,00,000 won; and (d) sold the same or similar goods through the Internet site.

피고인은 2013. 3. 5. 경 위 창고에 별지 범죄일람표 2 기재와 같이 ' 빈폴 ', ' 블랙야크 ’, ‘ 데상트 ’, ‘ 카파 ’, ‘ 코오롱 ', ' 라코스테 ', ' 르꼬꼬 ', ' 네파 ', ' 뉴발란스 ' 등 총 9종의 가짜 상표가 표시된 부착된 의류 총 573점, 진품시가 43, 325, 880원을 판매하기 위해 보관함으로써 타인의 등록상표와 동일하거나 유사한 상표가 표시된 지정상품 또는 유사상품을 양도하기 위하여 소지하였다 .

After all, the defendant infringed the trademark rights of each trademark holder who registered the trademark with the Korean Intellectual Property Office as shown in the attached Table 3.

2. Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

On April 16, 2009, the Defendant: (a) sold clothing by infringing another person’s trademark right; (b) received 23,110 won in return to B’s agricultural cooperative deposit account; and (c) received total amount of KRW 21,779,434 from that time to November 15, 2012, as indicated in attached Table 4, from that time, and received total amount of KRW 21,779,434 to another person’s deposit account; and (d) withdrawn it in cash and pretended the acquisition of criminal proceeds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police seizure protocol, No. 15- 16

1. Inquiries about personal information on, and details of sales of, the hanok subscribers;

1. Personal information on the subscribers, and details of sales, No. 11; and

1. Photographs photographs of a suspender;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 93 of each Trademark Act (as a whole, the point of infringement of trademark rights), Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment (as a whole, the point of obtaining criminal proceeds), and each choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 97-2(1) of the Trademark Act

1. Additional collection:

Articles 10(1) and 8(1)3 of the Act on Regulation and Punishment of Criminal Proceeds Concealment

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act [Scope of Recommendation] : Intellectual property right crimes, infringement on registration, infringement on rights, aggravated area, one year and six months to three years of imprisonment (whether suspended or not)

· Major reasons for the failure to pay damages ( negative reasons): Reasons for the failure to pay damages ( negative reasons): no effort to recover from damage shall be made repeatedly or for a long time;

· Reasons for general participation (affirmative): Livelihood-based crimes, serious reflective crimes, or criminal records not less than suspension of execution

[Determination of Sentence] Imprisonment with prison labor, one year and six months, three years of suspended execution

One time of a fine for the same kind, three times of a fine for the same kind, and no other criminal records;

· The period of suspension of execution shall be taken into account in consideration of the fact that the period of the crime is more than four months after the determination of the same kind of fine, and that the period of the crime is more than four years (four years).

Judges Choi Dok-ho