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(영문) 부산지방법원 2018.12.07 2018고정1504

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 operates the “C”, which is a liquid sheet sales store with the 3-6th floor of the Busan Dong-gu B market.

No person shall perform an act of infringing on trademark rights, such as possessing goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked, for the purpose of transferring or delivering them.

Nevertheless, within around 15:10 on April 23, 2018, the Defendant: (a) indicated the trademark holder’s “C” as the trademark holder “C” and displayed it on the sales stand to the Korean Intellectual Property Office for the purpose of sale, thereby infringing the trademark right. < Amended by Act No. 842694, Apr. 4, 200; Act No. 846642, Apr. 23, 2018; Act No. 1095708, Apr. 21, 2015>

Summary of Evidence

1. Statement by the defendant in court;

1. Field control photographs;

1. Original register of trademark registration;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 230 of the Trademark Act (limited to each registered trademark) on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 236(1) of the Trademark Act that is confiscated;

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