beta
(영문) 서울남부지방법원 2015.12.16 2015고정2277

상표법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who operates a "C" store in Gangseo-gu Seoul Metropolitan Government, and no person shall use a trademark identical or similar to the registered trademark of another person for goods identical or similar to the designated goods, or possess a trademark for the purpose of transferring or delivering goods identical or similar to the designated goods on which another person's registered trademark or other

Nevertheless, the Defendant, at the above “C” store around June 18, 2015, displayed and stored for sale a total of 102 goods, such as fake bags attached to the designated goods, and sold to many unspecified customers, and infringed the trademark rights of the owner of the trademark right by selling them to the general public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The trademark register and the market list of authentic goods;

1. Application of Acts and subordinate statutes to the seizure list and seizure record;

1. Relevant Articles of the Act and Article 93 of the Trademark Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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