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(영문) 서울중앙지방법원 2019.08.20 2019고정1393

상표법위반

Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall infringe on any trademark right or the right to use for display.

Nevertheless, at around 20:11 on March 29, 2019, the Defendant displayed at the juvenile game room, “C” located in Dongjak-gu Seoul Metropolitan Government, for the purpose of sale in the cresh game machine, four shapes attached with trademarks identical or similar to E (trademark registration number: F, G, and H) registered by the victim D Co., Ltd. with the Korean Intellectual Property Office, four shapes attached with trademarks identical or similar to E (F, G, and H).

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Investigation report (to attach an appraisal report and unit price list, trademark register with respect to displayed goods);

1. Application of one copy of control field photograph of the Acts and subordinate statutes;

1. Where an act of infringement of trademark rights as prescribed in Article 93 of the former Trademark Act regarding facts constituting an offense and Article 230 of the Trademark Act (see, e.g., Supreme Court Decision 2009Do10759, Jul. 14, 201) regarding the selection of punishment is continued, only one crime is established by combining each trademark right holder and each other, barring any special circumstance. Thus, barring any special circumstance, a single crime cannot be deemed established by combining several acts of infringement of trademark rights different from the registered trademark (see, e.g., Supreme Court Decision 2009Do10759, Jul. 14, 201). Each selective

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act include the following: (a) the number of goods whose trademark rights of the victim are infringed is not much high; (b) the defendant is the initial offender and the defendant recognizes the mistake and reflects it; and (c) other circumstances, such as the defendant’s age, character and conduct, motive, means and consequence of the crime, etc., which are conditions for sentencing