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(영문) 서울중앙지방법원 2016.10.06 2016고정2590

상표법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall infringe on a trademark right or an exclusive license by an act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used, for transfer or delivery.

Nevertheless, around April 2, 2016, the Defendant violated the trademark right of the said trademark right holder by possessing, for the purpose of selling, the trademark registered with the Korean Intellectual Property Office (trademark No. 0118012) or a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (Trademark No. 0118012) at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 24 “Sechobed rice Luxembourg market” in Seocho-gu, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Records of seizure and the list of seizure;

1. On-site photographing photographs;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to Trademark Register);

1. Relevant Articles of the Criminal Act and the Selection of Punishment. Article 93 (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;