(영문) 광주지방법원 2018.04.25 2017고단5660



Defendant shall be punished by a fine of KRW 300,000.

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


Punishment of the crime

No person shall use a trademark identical with another person's registered trademark (hereinafter referred to as "trademark") on goods similar to the designated goods, or a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

The Defendant is a person who operates a car page with a trade name “D” in Ghana.

From June 20, to March 16, 2017, the Defendant, from around June 20, 2016 to around March 16, 2017, indicated “D” on external signboards, standing signboards, vibration labels, etc. similar to “F (number G, registration number H, and Gu number number I, number J of the former Service Schedule)” and “K (number L, registration number M, number number number number of the application number, number of the former Service Schedule, number No. N, number No. O of the former Service Schedule)” as the trademark registration of “E.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. E's accusation, warning letter (the defendant had no intention to do so);

However, even if the Defendant received a warning from E on June 20, 2016, it can be acknowledged that he/she continued to engage in business with the same indication as that of the facts constituting a crime. Therefore, the Defendant had an intentional act on the part of the Defendant.


1. The original register (F) of the Services Schedule and the original register (K) of the registration of the Services Schedule (Defendants are not similar to the above trademark and the Defendant’s indication;

One of the arguments, the composition of the English language, and the similarity in the case of a name in Korean shall be considered as similar as a whole in light of the similarity.

1. Application of attached photograph Acts and subordinate statutes;

1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances favorable to sentencing under Article 334(1) of the said Act - The point that the defendant is the initial offender - The point that the defendant has not agreed with the victim;