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(영문) 서울중앙지방법원 2016.09.21 2016고정2595

상표법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who sells a mobile phone case at the street store prior to the Seoul mid-gu Seoul Metropolitan Government Seodaemun market street B.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, around 16:50 on May 17, 2016, the Defendant infringed another’s trademark right registered with the Korean Intellectual Property Office of Korea by displaying and keeping a total of 27 mobile phone cases bearing a fake trademark, which is identical or similar to another’s registered trademark, on the goods identical with or similar to the designated goods, such as the list of crimes in the attached Form, at the front point of “B” in the south-gu Seoul Metropolitan Government market.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to each photograph and appraisal opinion;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016) and Article 93 of the former Trademark Act regarding criminal facts and the choice of fines

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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