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(영문) 의정부지방법원 2013.03.14 2013고정530

상표법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

On August 26, 2012, at around 00:35, the Defendant, in collusion with B, possessed for the purpose of selling counterfeit goods 1,526 points (or equivalent to 2,017,550,000 won at the estimation price) as shown in the attached list of crimes, including four points with the trademark right holder’s trademark registration (registration number No. 0059471) at the Korean Intellectual Property Office, without a legitimate title to use the trademark in front of the shopping mall of the “D” shopping mall located in Jung-gu Seoul Metropolitan Government.

Accordingly, the defendant, in collusion with B, infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and the B;

1. Investigation report (exploitation of forged products by enterprise type in the night capital market), investigation report (influorine brush belts and 10 copies attached to the trademark register, such as coppers, etc.), and investigation report (influoring of forged products as a result of the verification of the appraisal report and checking of the estimated amount of damage);

1. Application of the Act and subordinate statutes to the seizure protocol (A and B);

1. Article 93 of the relevant Article of the Trademark Act and Article 30 of the Criminal Act concerning criminal facts;

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 that is confiscated;