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(영문) 서울중앙지방법원 2016.08.17 2016고정2075

상표법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells miscellaneous in C underground second floor D store located in Jung-gu Seoul Metropolitan Government.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at the above store on March 9, 2016, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office by displaying and keeping a fake trademark identical or similar to another person’s registered trademark without permission on goods identical or similar to the designated goods, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of the relevant Acts and subordinate statutes to a written appraisal opinion, control site photograph, and seized articles photograph;

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

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

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

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

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