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(영문) 서울동부지방법원 2018.02.02 2017고정1718

상표법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a company member who works for a franchise restaurant store in Gangnam-gu.

No person may infringe on a trademark right of another person without legitimate authority for use.

Nevertheless, the defendant had attempted to sell the fake directorship purchased from the person who was in fact or in fact, on the Internet market.

On June 10, 2017, the Defendant posted a letter and a photograph to sell 2.80,000 won per unit, respectively, in order to sell a forged trademark (registration number: No. 0012364), the trademark registration (registration number: No. 0012364) of the Republic of Korea, to the Korean Intellectual Property Office on November 7, 1966, at the Internet shopping mall, Switzerland, a shopping mall at a time and on June 10, 2017.

Accordingly, the Defendant infringed on the trademark right of Losch Rexroth with patent right in Ssia.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the trademark registration ledger, etc.);

1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1448, Apr. 2, 2006)