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(영문) 인천지방법원 부천지원 2015.03.05 2015고정54

상표법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a practical operator of Company B, and Defendant B is a corporation established for the purpose of manufacturing, wholesale, retail and distribution of miscellaneous living.

1. On July 19, 2013, Defendant A infringed on the trademark right of the complainant by selling 100 boxes of products for which the trademark of “F” was requested to be identical to the trademark right and exclusive license without the consent to use the trademark right and exclusive license as to the “F” registered with the Korean Intellectual Property Office, which was the complainant, from “F” located in Kim Jong-si, Kimpo-si, Kim Jong-si, 201 to “F” registered with the Korean Intellectual Property Office.

2. The Defendant Company B violated the foregoing with respect to the Defendant A’s business, who is an employee, at the same time and at the same place as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police officer's statement about D and G;

1. Application of each complaint, trademark registration certificate, patent keeping box, Korean Intellectual Property Office, Trademark Gazette of the Republic of Korea, each photograph, each content certificate, investigation report, and details of transactions to the statutes of the Schedule;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 93 of the Trademark Act; Selection of fine

(b) B: Article 97 subparag. 1 and Article 93 of the Trademark Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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