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(영문) 부산지방법원 2016.03.18 2016고정339

상표법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who sells clothes, bags, etc. under the trade name of "D" in the Si of Geum-gu, Busan.

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 it for goods identical or similar to the designated goods.

On November 04, 2015, at around 15:30 on November 15, 2015, the Defendant displayed and possessed five fakes with the trademark registration number bearing the trademark “Slub Tong” registered with the Korean Intellectual Property Office (No. 023194, 030235, and 0472496) registered with the Korean Intellectual Property Office (No. 023194, 030235, and 0472496) for the purpose of selling to many and unspecified persons, thereby infringing the trademark right of the said trademark right holder.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Police seizure records and list of seizure;

1. A copy of the trademark registration ledger;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense and Article 93 of the Trademark Act (a comprehensive selection of fines, etc.);

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

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

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