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(영문) 서울남부지방법원 2015.10.13 2015고정1809

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, without legitimate authority for use.

Nevertheless, around March 28, 2015, the Defendant violated the trademark right by possessing 15 bags indicating the trademark of the “luxurgy” registered by the Korean Intellectual Property Office Article 0118012 on the Hancheon-dong, Yangcheon-gu, Seoul, by using handbags, etc. as designated goods in the dry-gu, Yangcheon-gu, Seoul as well as by possessing 40 combined trademarks to sell the total of 12 trademarks as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written waiver of ownership;

1. 상표등록원부1. 수사보고(샤넬, 버버리 상표공보 편철보고) 법령의 적용

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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. 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;