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(영문) 서울중앙지방법원 2018.09.20 2018고정1771

상표법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells clothes and scarfs in the vicinity of Jung-gu Seoul Metropolitan Government.

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

Nevertheless, at around 02:40 on March 10, 2018, the Defendant displayed and stored for sale the 65th day of the clothes on which a trademark identical or similar to another person’s registered trademark is attached to goods identical or similar to the designated goods without permission, such as the list of crimes in the attached list of crimes, and thereby infringed another person’s trademark right registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol of seizure and a list of seizure;

1. A list of items voluntarily submitted, a statement of appraisal, and a copy of the trademark registration ledger;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

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

1. Selection of an alternative fine for punishment;

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

1. Article 236(1) of the Trademark Act that is confiscated;

1. The fact that the Defendant committed the instant crime in spite of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act had been punished three times by a fine for the same kind of crime, is disadvantageous.

However, the punishment as ordered shall be determined by taking into account the following circumstances, such as the defendant's age, sex, environment, family relationship, means and result of the crime of this case, and the overall sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, means and consequence after the crime.