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(영문) 의정부지방법원 고양지원 2020.06.26 2020고정294

상표법위반

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No one shall use any trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.

Around February 25, 2018, the Defendant acquired “C” from D, which is located in Yongsan-gu B and 2, Goyang-si, Yongsan-si, and then operated a restaurant under the name of “C” using a restaurant chain business, restaurant business, etc. (hereinafter “instant registered trademark registration number H”) registered with the Korean Intellectual Property Office of the Republic of Korea as designated goods, while the Defendant was notified by the trademark owner of the use of the instant registered trademark on or around February 14, 2019, even though he was notified by the trademark owner of the unauthorized Use of the instant registered trademark on or around February 14, 2019, the Defendant infringed the trademark right of others by operating the restaurant in the name of “C” until March 26, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning the closure of the service mark register by the police's written statement concerning I of the defendant's legal statement;

1. Article 230 of the Trademark Act and selection of fines concerning facts constituting an offense;

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

1. In light of the contents of the crime committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as ordered is determined by taking into account the following factors: (a) although the liability of the Defendant is not exceptionally imposed on the Defendant; (b) the period of use without permission to the effect that the Defendant was not imposed on the charges; and (c) the period of use without permission; and (d) the Defendant’s age, character and conduct, health status, family relationship, means and result of the crime