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(영문) 서울중앙지방법원 2015.01.21 2014고정5685

상표법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells counterfeit goods in front of the Seoul Jung-gu B building.

No trademark identical with another person’s registered trademark shall be infringed on the trademark right and the exclusive license by using it on goods identical or similar to the designated goods, or possessing for the purpose of transferring or delivering goods identical or similar to the designated goods on which the other person’s registered trademark or

On September 23, 2014, at around 11:45, the Defendant violated another person’s trademark right registered with the Korean Intellectual Property Office, by using without permission another person’s trademark, such as Tae-ho, Tae-ho, Mon, Monc, Bricking, and Losch Rexroth, which is a registered trademark, for sale as in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of the Trademark Register as photographs, criminal reports, written expert opinions, and written expert opinions;

1. Article 93 of the Trademark Act applicable to facts constituting an offense;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.