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(영문) 의정부지방법원 고양지원 2016.05.25 2016고정190

상표법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From July 2009, the Defendant had received cosmetics from the victim C’s (main state) D and supplied them to the skin management shop, etc., and had dispute with the victim. From July 2014, the Defendant had decided not to receive the said cosmetics from the victim.

Nevertheless, on May 28, 2015, the Defendant: (a) requested the supply of the above cosmetics from the management room located in the Changwon located in Seo-gu, Yongsan-gu, Seoyang-gu; (b) on December 27, 2012, the Defendant infringed on the trademark right by providing the Defendant with the 10,000 won per 10 won per 1,00 won of the 10 manufactured cosmetics on the 100 printed containers with the trademark registered as H on December 27, 2012.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police against C;

1. Trademark registration certificate;

1. The act of using a trademark identical to a trademark registered by another person on goods similar to the designated goods is considered as trademark infringement (Article 66). The trademark of this case occurred by the registration of this case, and the defendant used the same trademark on the designated goods such as Cream, etc., so trademark infringement is recognized: Provided, That there is a special agreement on the use of the trademark between the defendant and D, and the above trademark is not well-known, taking into account the fact that there exists a special agreement on the use of the trademark between the defendant and D, and that the above trademark is not well-known, in full view of the fact that the defendant's profit is not so big

1. Article 93 of the relevant Act on criminal facts and Article 93 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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