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(영문) 서울중앙지방법원 2020.01.15 2019고정2477

상표법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, from around December 1, 2014, while operating a temporary store in the name of “C” on the fifth floor of the Seoul Central District Office building B, transferred the store to D around December 1, 2018, the Defendant infringed the victims’ patent rights by transferring to D the same as the trademark registered with the Korean Intellectual Property Office (trademark No. F), two household effects with a similar trademark attached to the Korean Intellectual Property Office (Trademark No. H), five household effects with a trademark identical with or similar to the trademark registered with the Korean Intellectual Property Office (Trademark No. H) by the victim G, to D.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A complaint;

1. Each original trademark register;

1. The defendant's book-to-door photographs and infringed products photographs;

1. Records of seizure and the list of seizure;

1. A written appraisal and translation;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant Article 230 of the Trademark Act and the choice of fines for criminal facts;

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