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(영문) 서울중앙지방법원 2015.04.28 2015고정771

상표법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No trademark identical or similar to another person's registered trademark shall be delivered, sold, counterfeited, forged, or possessed for the purpose of using or making another person use it for goods identical or similar to the designated

Nevertheless, from the early October 15, 2014 to October 15, 2014, the Defendant sold her fake 10 points with the same trademark as the trademark (No. 0363161) registered with the Korean Intellectual Property Office, and infringed on the trademark right of the said owner of the trademark right, by possessing at the above place for the purpose of selling her fake twitts 140 points at the above place, without legitimate authority.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to the Investigation Report (Trademark Register);

1. Relevant legal provisions concerning facts constituting an offense, Article 93 of the Trademark Act (General Provisions) and the selection of fines;

1. Articles 70 (1) 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;

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