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(영문) 서울남부지방법원 2015.11.11 2015고정1906

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

No person shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, without legitimate authority for use.

Nevertheless, around March 30, 2015, the Defendant: (a) held 14 labels on the front of Yeongdeungpo-gu Seoul Metropolitan Government roads as designated goods with labels, etc., in order to sell them; (b) infringed the above trademark rights; and (c) possessed 176 products in total, as indicated in the attached list of crimes, to sell 30 trademarks, and infringed the trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. A report on seizure, a list of seized articles, and a letter of appraisal and inspection;

1. Application of the statutes of the original trademark register;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

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;