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(영문) 서울중앙지방법원 2014.09.16 2014고단4756

상표법위반

Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

No one shall deliver, sell, forge, forge, 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 around 19:40 on October 10, 2013, the Defendant infringed on the trademark rights of each trademark holder by carrying for the purpose of selling 4 points of visibility, a trademark similar to the trademark registered under No. 10198, in the Jung-gu Seoul Metropolitan Government Jung-gu, which is marked with a trademark registered under No. 101998, and by carrying 220 points (the fixed goods are equivalent to KRW 1,57,500,00) of the goods bearing a trademark identical or similar to another person’s trademark, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A report on investigation and a report on the results of appraisal;

1. Application of the Acts and subordinate statutes to each original trademark register;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Selection of each of the selective fines for punishment (the defendant was sentenced to a fine on November 2012 with the same kind of power, but a mistake is repented and the future does not lead to re-offending; the defendant sold goods at his store and handled the goods together with the above goods, which seems to have not been actually acquired by the crime of this case; the profits actually acquired by the crime of this case due to economic circumstances and currently, the store of this case was disposed of to a third party)

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

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

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

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