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(영문) 서울남부지방법원 2016.12.08 2016고정2324

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

On January 2015, the Defendant infringed on the victim’s trademark rights by using the trademark/service mark (registration number No. 0036478) similar to the “Ncar,” registered as a used car sales brokerage business, etc. as a designated service business place located in Gangseo-gu Seoul Metropolitan City, and using it on the Defendant’s used car sales business Internet site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) regarding criminal facts;

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

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