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(영문) 청주지방법원 2015.08.26 2015고정575

상표법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 15:00 on June 1, 2015, the Defendant displayed and stored 19 twitts, including 4 tensions attached with the trademark registration number of "BLACK YAK," the same shape of which is identical to the trademark registration number of "BLAK YAK," No. 0932759, in front of the 331 Samsung Apartment-ro, Chungcheongnam-gu, Cheongju-si, Cheongju, for the purpose of selling to many unspecified consumers, the Defendant infringed the trademark right of the above company by displaying and keeping six twits attached with the trademark registration number of "THNNH FAE", No. 035624, 03, No. 035624, the trademark registration number of "THE NAE," the trademark registration number of which is identical to the trademark registration number of "YAK," and three half mats.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Records of seizure and the list of seizure;

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

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

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

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

1. It is so decided as per Disposition on the grounds of no less than Article 97-2 (1) of the Trademark Act; and