beta
(영문) 인천지방법원 2013.12.06 2013고정4173

상표법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates the Obaba-product store in Mapo-gu Seoul Metropolitan Government.

No one may infringe another person's trademark by importing or selling goods bearing a trademark identical or similar to another person's trademark registered with the Korean Industrial Property Office.

Nevertheless, on June 28, 2013, the Defendant: (a) loaded 240 points, such as a forged, posters energy ticket, etc., which is a nominal trademark in a foreign country, to a cargo management number C using Part 2 of the New BUB, which is a cargo object from the Incheon port to the Incheon Port; and (b) carried 8,051,00 won at the real goods price into the first designated storage place in Incheon Customs; (c) discovered the cargo management inspection by a customs officer; (d) thereby, the Defendant infringed the trademark right of the Montreal Energy Trademark, which is the trademark registration (international registration number: No. 1048069) in the International Register, with the goods registered (international registration number: No. 1048069).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of the Detection Report, including shipping documents, including seals, B/L, and written appraisal;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

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

1. Article 97-2 (1) of the Trademark Act and Article 48 (1) of the Criminal Act;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.