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(영문) 인천지방법원 2018.02.07 2017고단3979
상표법위반
Text

Defendant

A and B imprisonment with prison labor for one year, for four months, for defendant C, for six months, and for defendant E.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to imprisonment with labor for a violation of the Trademark Act at the Incheon District Court on December 22, 2016, and the said judgment became final and conclusive on July 7, 2017.

Defendant

H On November 29, 2016, the Seoul Central District Court sentenced one year of suspended sentence to a violation of the Trademark Act, and the said judgment became final and conclusive on March 10, 2017.

Defendant

I and J on November 29, 2016, sentenced each of six months of suspended sentence to a violation of the Trademark Act by the Seoul Central District Court of Seoul, and the said judgment was finalized on April 8, 2017.

[1] Of the crimes that were initially prosecuted in this Court, the prosecutor tried to amend the indictment to delete the part not guilty of the final and conclusive judgment against AA and the part of the previous final and conclusive judgment against Defendant A as an accomplice in the same crime list (in the case of deleted crimes, the notice of dismissal of the indictment is given), and according to such purport, the prosecutor recognizes the crime as follows.

Defendant

A’s representative operating an overseas logistics enterprise of “Z” is a person who carries in even corners, etc. from AA to the Incheon port through the so-called “AB-called “cambing machine,” which is a method of partially mixing counterfeit items into the Republic of Korea. Defendant B is a delivery engineer who delivers the cargo handled in “Z” to the domestic owner of the goods. Defendant C is an employee who takes charge of the affairs of smooth delivery of cargo to a licensed customs broker and delivery of cargo to the customs broker upon receipt of the cargo list and owner’s information handled in “Z” through Defendant A. Defendant D is a person who operates the Internet site of “AB” and plays a role of even corners, etc. for its members while operating the Internet site of “AB”, and Defendant E is a person who sells the cargo to its members by even sighting through the Incheon port through this hole, and Defendant E is a domestic seller of the goods.

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