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(영문) 울산지방법원 2015.06.08 2015고정648

상표법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, forge, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, from November 2013 to January 15, 2015, the Defendant: (a) from Ulsan-gu, B’s underground store in Ulsan-gu, U.S., U.S., B, to 15, the Defendant sold the names of the trademark right holder, such as the “C” (registration number: No. 0857295); (b) “BLACKYK” (registration number: No. 0638534); and (c) the victim’s household household time is the same as the registered trademark of the Sh.S., B, U.S., U.S., U.S., and U.S. P., the victim’s household time was the same from November 2013 to Jan. 15, 2015 (registration number: 035624); (c) the name of the trademark right holder, such as the two trademarks, 3050 won or more; and (d) the total price of the trademark right holder’s goods sold.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (to attach documentary response materials);

1. Relevant Articles 93 and 66 (1) 2 of the Trademark Act and fines for negligence regarding facts constituting an offense and selective punishment;

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;