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(영문) 서울중앙지방법원 2017.09.19 2016고정2457

상표법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 2015, the Defendant, at the Internet shopping mall operated by the Defendant, advertised, displayed, and infringed D’s trademark rights by displaying, for the purpose of selling to many unspecified persons, the stacks bearing a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (E, F).

Summary of Evidence

1. Each legal statement of witness D and G;

1. Investigation report (Attachment of the original register of trademark registration);

1. Application of the Acts and subordinate statutes concerning filing of a complaint, business registration certificate, certified copy of the corporate registry, details of communications sales business, design registration certificate, Internet advertisement contents, trademark registration certificate, and USB;

1. Article 93 of the relevant Act and Article 93 of the former Trademark Act (amended by Act No. 13848, Jan. 27, 2016);

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;