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(영문) 수원지방법원 2016.09.22 2016고정1034

상표법위반

Text

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

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

Reasons

Punishment of the crime

No person shall commit any act infringing on a trademark right or an exclusive license for use.

Nevertheless, at around 14:00 on March 2, 2016, the Defendant displayed to the Korean Intellectual Property Office 1095708, a forged trademark identical or similar to the trademark registration number No. 1095708, 0059471, and infringed on the above trademark right by displaying and keeping 17 “loribine” for the purpose of selling to many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Original register of trademark registration;

1. On the spot and photographs of seized articles;

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

1. Article 93 of the relevant Act and the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding criminal facts and Articles 93 (Selection of Penalty Surcharge) of the same Act (amended by Act No. 14033, Sep. 1, 2016; hereinafter the same shall apply);

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

1. Article 97-2 (1) of the former Trademark Act that has been confiscated;

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