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(영문) 부산지방법원 2016.05.11 2016고정260

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant has been operating approximately one year prior to Busan City/Do in the name of "C" column in the territory of "C", and operated the clothing.

On October 19, 2015, the Defendant: (a) received the registered design and trademark from the Extraordinary Recycling Center and the branch of the trademark, which are the well-known trademark of the Company, within the relief clothes of “C” around 19:00, from LOIS-VUITN.

The Defendant displayed 11 points of handbags for sales purposes, thereby infringing on the trademark registration number No. 030235 and No. 0472496 of the trademark registration number which the Defendant registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Relevant legal provisions concerning facts constituting an offense and Article 93 of the Trademark Act (a comprehensive selection of fines, etc.);

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

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

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