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(영문) 서울중앙지방법원 2015.05.29 2015고정1357

상표법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who sells counterfeit goods at the front of the C mobile platform located in Jung-gu Seoul Metropolitan Government.

Even if a trademark identical to another person’s registered trademark is used for goods similar to the designated goods, or is possessed to transfer or deliver goods identical with or similar to the designated goods on which a trademark similar to the other person’s registered trademark is indicated, the trademark right and exclusive license should not be infringed upon. On September 2, 2014, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office by possessing and storing without permission another person’s trademark identical to the registered trademark Plaos, Guide, Guide, waste, and Earmers for sale, such as the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A report on the appraisal of seized intellectual property rights;

1. Application of the statutes of the original trademark register;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Articles 97-2 (1) and 93 of the Trademark Act that are subject to forfeiture;

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