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(영문) 부산지방법원 2013.10.17 2013고정4028

상표법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

1. Defendant A is a substantial operator who is in charge of the development and supply of new launch in corporation B established for the purpose of the manufacturing business, etc. in the building B-109 of Busan High-gu C-109.

On July 1, 2012, B Co., Ltd. entered into a contract with D owner of the trademark right and the said D Co., Ltd. (the name E at the time of registration) to manufacture and supply the health functional shoes bearing the F(G registration number) trademark registered.

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, around October 9, 2012 and around October 17, 2012, the Defendant, without the consent of the trademark right right holder, sold 50 each 25 50 c. c. c. “F” K in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in Y in

Accordingly, the defendant infringed the trademark right of the above trademark right holder.

2. The Defendant Company B is a corporation with the objective of manufacturing new technology.

The above A, as the representative of the defendant, sold the signals attached with the trademark "F" in relation to the defendant's business at the time and place specified in Paragraph 1, and infringed the trademark right of the trademark holder.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police concerning L;

1. A report on investigation by telephone;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Article applicable to criminal facts;

A. Defendant A: Article 93 of the Trademark Act

B. Defendant B: Article 97 subparag. 1 and Article 93 of the Trademark Act

1. Selection of sentence (Defendant A);

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;