beta
(영문) 수원지방법원 2014.04.30 2014고정7

상표법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person may manufacture and sell, or manufacture and sell, any product bearing a trademark identical or similar to the registered trademark of another person, for the purpose of manufacture and sale;

1. Around June 16, 2013, the Defendant sold 66,973,500 won in total of the clothes indicating the trademark registered by other trademark owners, such as the attached list I, from the above date to July 29, 2013, through the online website operated by the Defendant under C online site, where the trademark right holder had registered at the Korean Intellectual Property Office. The Defendant sold 34,000 won in lieu of the clothes indicating the trademark registered by other trademark owners, such as the attached list I.

2. On July 29, 2013, the Defendant kept 8 points (a total of 808,800 won) of the clothing on which another trademark right holder registered as a trademark on the trademark attached to the Korean Intellectual Property Office at the above location, for the purpose of selling three fakes with a trademark attached to LCOSTE, as well as eight points (a total of 808,800 won) of the clothes on which another trademark right holder registered as a trademark, such as the attached list II.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to site data, seized articles, photograph (No. 1-3), trademark register, trademark register (aket), trademark register (aket), trademark register (aket), trademark register (CK), trademark register (CK), trademark register, trademark register (CK), trademark register (aket), trademark register (JEP), trademark register (aket), trademark register, trademark register (aket), trademark register, trademark register (buret), trademark register (buret), trademark register, trademark register (burine), trademark register (abem), investigation report (whether or not), and investigation report (calculated of the value of seized articles);

1. Relevant provisions of the Trademark Act and the choice of punishment concerning facts constituting an offense. Article 93 (Selection of Fine)

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

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

1. Confiscation.