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(영문) 서울중앙지방법원 2014.04.23 2014고정430

상표법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A is the shop merchant.

On October 11, 2013, the Defendant displayed at the front of Jongno-gu Seoul, Jongno-gu, Seoul, a forged trademark of the shape similar to the Spanish trademark registered under No. 35624 at the Korean Intellectual Property Office, on which the trademark right of the said trademark right holder was infringed by displaying it for the purpose of selling 12, 2, 2, and 8 caps on which the trademark of the said trademark right holder was attached.

2. Defendant B is a person who sells clothes at the store “E” in Jongno-gu Seoul Metropolitan Government D.

On October 11, 2013, the Defendant displayed the forged trademark of the shape similar to the NAWC Co., Ltd. registered with the Korean Intellectual Property Office as the trademark No. 79050 on October 11, 201, for the purpose of selling it, and infringed the trademark right of the said trademark right holder.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the F;

1. Each original trademark register;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Defendants of the relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 93 of the Trademark Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants: Article 97-2 (1) of the Trademark Act;

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