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(영문) 제주지방법원 2015.06.05 2015고정269

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 operates a mutually beneficial point of "D" on the first floor of Jeju City.

On December 3, 2014, the Defendant: (a) around 15:40 on December 15:40, 2014, the Defendant kept 6 bags ( approximately KRW 2,000,000) with the same or similar trademark attached to the Korean Intellectual Property Office; (b) 2, 100, 2, and 400, 100, 100, 100, 2, and 400, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 2, and 106489, 106, 100, 100, 60, 100, 100, 100, 106, 200, 106, 10

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E;

1. Application of statutes on field photographs;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 93 of the Trademark Act and the choice of fines;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of facts of crime are recognized and reflected, the first offense without previous conviction, the infringement quantity of trademark rights handled is not many. It is decided as per Disposition on the grounds that the motive and circumstances of crime, circumstances after the crime, the occupation of the defendant, and family relations are higher than those of the defendant.