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(영문) 서울동부지방법원 2014.02.14 2014고정92

상표법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

From June 2013, the Defendant kept 42 points (3,60,000 won at the selling price) in total of 55 points (3,685,000 won at the selling price) including 325 points (3,685,000 won at the selling price) and 13 points (325,000 won at the selling price) at the selling price, which are the registered trademark of "LOUS VUITON" (No. 059471) for the purpose of sale at the street store. The Defendant infringed on the trademark right by keeping counterfeit goods of the same shape as the registered trademark holder, "LOIS VUITON" (LUS No. 059471) and the registered trademark of the trademark holder.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. One copy of a control certificate and two copies of a control field photograph; and

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the market price);

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

1. Articles 70 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;