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(영문) 서울중앙지방법원 2015.04.07 2015고정597

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,800,000.

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

Reasons

Punishment of the crime

The defendant is a person who has been awarded a garment store in the middle-gu Seoul Metropolitan Government B's wall delivery shop.

No one shall deliver a trademark identical with or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods. Sale, fabrication, or possession of such trademark.

From September 1, 2014 to October 1, 2014, the Defendant sold a total of 50 counterfeit goods, as described in the list of crimes, at the street points in front of Seoul Jung-gu, Seoul, as well as 7 B B B B, and around October 1, 2014, at the above location around 01:40 on October 1, 2014, the Defendant infringed upon each trademark right holder’s trademark by possessing a total of 129 points of counterfeit goods, such as the list of crimes, as described in the list 2.

Summary of Evidence

1. Defendant's legal statement;

1. The list of seizure;

1. The application of seizure records and investigation reports to statutes;

1. Article 93 of the Trademark Act and Article 93 of the same Act regarding criminal facts and the choice of fines;

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;