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(영문) 수원지방법원 안양지원 2014.04.03 2013고단1609
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

From February 2012 to November 2012, the Defendant opened and operated “C” or “D”, which is an Internet shopping mall, and advertised that the Defendant would act as an agent for the purchase of authentic goods and clothing, etc. sold abroad, and imported and sell sports paintings, etc. according to the orders of customers.

1. On February 10, 2012, the Defendant violated the Customs Act: (a) filed a declaration (declaration No. F) in the name of E as if he/she directly imports 1,000 kym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym fym f.

2. On February 10, 2012, the Defendant violated the Trademark Act: (a) filed a false declaration (report number F) on the trademark as if he/she imports 1,00 square meters of a gypted trademark attached with the nIKE at the Kimpo Airport Customs office; and (b) filed a false declaration (report number F) on the trademark from October 13, 2012 to October 13, 2012; and (c) filed a false declaration and import of the total of KRW 1,068 points, such as sports paintings with a forged trademark on a total of 1,067 occasions as indicated in the attached list 1,067; (d) the product cost total of KRW 61,040,50; and (e) KRW 161,343,03

As a result, the Defendant infringed upon the trademark rights of “NIK,” “NIK,” “NIW BALCE,” “NW BALE, SIE, and “OTM,” a trademark registered under No. 06013, which is a trademark registered under No. 060 by the U.S. Non-A. Intellectual Property Office in the Republic of Korea as the trademark registered under No. 014174, the Defendant infringed upon the trademark rights of “ABE,” a trademark registered under No. 084986, a trademark registered under No. 0756432, a trademark registered under No. 063.

3. The Defendant’s fraud is around February 1, 2012.

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