Defendant

The highest number of cases shall be (prosecution) and the completion of a trial.

Attorney Park Gyeong-hwan

A defendant shall be punished by imprisonment with prison labor for not less than ten months and by a fine not exceeding fifteen thousand won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

Seized evidence 5 or 6 shall be confiscated.

In order to order the provisional payment of an amount equivalent to the above fine.

Periodical Offense Power

On November 11, 2002, the Defendant was sentenced to a fine of 500,000 won for a violation of the Agricultural Products Quality Control Act at the Daegu District Court, and on March 14, 2008, the Defendant was sentenced to a suspended sentence of 1 year and a fine of 10,000,000 won for a violation of the Agricultural Products Quality Control Act.

i. Doe Crime

The Defendant is a grain dealer operating the “△△△△△” of the Daegu Northern-gu ( Address omitted). The Defendant: (a) purchased grain in other areas and prepared arbitrarily packaging sites, boxes, tapes, telephone numbers, etc., on which the trademarks, addresses, telephone numbers, etc. of the Gancheon Agricultural Cooperatives would be displayed with a false place of origin, etc., to sell the grain, as if it were the Gancheon-gu in other areas; and (b) the Defendant had high demand for school meal service because of the high quality of the Gancheon-gu Gyeongcheon-gu grain, the Defendant purchased grain in other areas and made it impossible to expect high profits.

1. Violation of the Act on Origin Labeling of Agricultural and Fishery Products;

A. From Oct. 2, 2011 to Oct. 22, 2012, the Defendant put up a false indication of origin on the package, such as the ○○○○ Association, etc., purchased from the warehouse of the above △△△△△△△△ to the boundary of the Dong-dong, and the 80,000 g of glutinous rice, etc. (176,00,000 won at a market price), which is not the Gancheon Agricultural Cooperative’s trademark marked by the Gancheon Agricultural Cooperative, with the origin marked as the Gancheon National Agricultural Cooperative, and distributed it to the school meal company, etc., and distributed it to the hospital, etc. at 709 places, 38 places, etc.

B. From August 2, 2012 to October 22, 2012, the Defendant: (a) stored eight agricultural and fishery products 648kg of agricultural products, such as Chinese shoulder, purchased from the warehouse of the above △△△△△△△△△ to the ○○ Association, etc. in the border-dong-dong-dong-dong-si, mixed with 3:7 products with a forged trademark indicating the trademark of the Yecheon Agricultural Cooperative; and (b) sold agricultural and fishery products labeled the country of origin by selling them to school meal service companies, etc., by mixing them with other agricultural and fishery products labeled the country of origin.

2. Violation of the Grain Management Act;

As described in paragraph (a) of Article 1, the Defendant, as indicated in paragraph (1), placed a large amount of 80,000 glutinous rice, etc. (176,000,000 won at the market price) in the packaging where the trademark of the Yecheon Agricultural Cooperative, which was forged, was sealed and advertised by falsely indicating the producers, tobacco production, and Domination date, etc., which are the matters indicated in grain labeling.

3. Violation of the Trademark Act;

A. On December 20, 201, the Defendant arbitrarily requested and supplied 1,00 packaging boxes with trademarks similar to the trademark “(registration number omitted)” registered with the Korean Intellectual Property Office, which is the trademark registered with the Korean Intellectual Property Office by the Macheon Agricultural Cooperative, at the Seocheon-gu Center located in the Macheon-gun, Chungcheongnam-do, which was located in the Gyeongcheon-gun, North Korea, and sold them by putting miscellaneous grains, etc. that were not produced by the Ycheon Agricultural Cooperative, as described in paragraphs 1 and 2.

B. On April 16, 2012, the Defendant arbitrarily requested production of 1,00 packaging boxes with trademarks similar to the trademark “(registration number omitted) registered with the Korean Intellectual Property Office,” which is a trademark registered with the Korean Intellectual Property Office by Yecheon Agricultural Cooperative, and sold the boxes that were not produced by the Yecheon Agricultural Cooperative, as described in paragraphs 1 and 2, to the above boxes.

C. On May 29, 2012, the Defendant arbitrarily requested production of 1,00 packaging boxes with trademarks similar to the trademark “(registration number omitted) registered with the Korean Intellectual Property Office,” which is a trademark registered with the Korean Intellectual Property Office by Yecheon Agricultural Cooperative, and sold the boxes that were not produced by the Yecheon Agricultural Cooperative, as described in paragraphs 1 and 2, to the above boxes.

D. On September 11, 2012, the Defendant arbitrarily requested production of 1,00 packaging boxes with trademarks similar to the trademark “(registration number omitted) registered with the Korean Intellectual Property Office,” which is a trademark registered with the Korean Intellectual Property Office by Yecheon Agricultural Cooperatives, at the Seocheon-gu Welfare Center located in the Gyeongcheon-gun, Chungcheongnam-do, which was located in the Gyeongcheon-gun, Chungcheongnam-do, Seoul, and sold them by containing miscellaneous grains, etc. that were not produced by the Ycheon Agricultural Cooperative, as described in paragraphs 1 and

E. On October 22, 2012, the Defendant voluntarily requested and supplied 1,00 packaging boxes using trademarks similar to those indicated in the trademark registered with the Korean Intellectual Property Office (registration number omitted), which are the trademarks registered with the Korean Intellectual Property Office by Yecheon Agricultural Cooperatives, at the Seocheon-gu Center in the Macheon-gu, Gyeongdong-gun, which is located in the Gyeongcheon-gu, North Korean

As a result, the Defendant infringed on the trademark “the place of residence” of the Yecheon Agricultural Cooperatives.

1. Defendant's legal statement;

1. The prosecutor’s statement concerning Nonindicted 1

1. Examination of the accused's suspect (including the second and accompanying documents);

1. Each police statement made against Nonindicted 1 and 2

1. A report on investigation (Attachment to a trademark registration register);

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and investigation reports (Attachment to judgment);

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

Articles 14 and 6(1)1 of the Act on Origin Labeling of Agricultural and Fishery Products (the false indication of origin, the concurrent punishment of imprisonment and fines), Articles 14 and 6(1)3 of the Act on Origin Labeling of Agricultural and Fishery Products (the mixed sale of other agricultural and fishery products with the indication of origin, the concurrent punishment of imprisonment and fines), Articles 34 subparag. 4 and 20-3(1)2 of the Grain Management Act (the violation of the Grain Management Act, the choice of imprisonment), Article 93 of the Trademark Act (the violation of the Trademark Act, the selection of imprisonment with labor)

1. Aggravation for concurrent crimes;

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

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Confiscation;

Article 48(1) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The crime of this case is detrimental to the sound distribution order of agricultural products, and it is very poor in the quality of the crime. In particular, the Defendant’s sales of the Defendant is a specialized brand for school meal services, and even if the Defendant committed the crime, the domestic and foreign grain was boomed in the school meal boomcheon, and the Defendant could not be aware of it. Although the Defendant had been punished for committing the same offense as in this case while running the business with the trade name of “▽ Food,” he then changed the trade name to “△△△△△△” and subsequently committed a second offense while running the business. In this case, in order to encourage consumers to believe that the agricultural products sold by the Defendant are domestically in Korea, the Criminal Act is very poor in that it manufactured and used the packaging boxes indicated by the Defendant’s registered trademark, thereby committing the act of infringement of trademark rights. In this respect, the Defendant’s punishment may not be strictly held liable for the Defendant by sentenceing the Defendant, taking into account the following circumstances: the Defendant’s age, age, and condition of the criminal act.

Judges Senior Superintendent;