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(영문) 부산지방법원 2013.08.20 2013고정3237

상표법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall possess a trademark identical or similar to the registered trademark of another person for the purpose of transferring or delivering goods identical or similar to the designated goods.

On October 25, 2012, around 15:30 on October 25, 2012, the Defendant infringed on the trademark rights of the well-known trademark duly registered by possessing and displaying three trademarks, including 5 luxurgs, as indicated in the “crime List”, at the clothes store (trade name: C) in the operation of the Defendant on the racing-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement of voluntary submission and seizure;

1. Application of Acts and subordinate statutes to investigation reports (control results and attachment of site photographs), investigation reports (Attachment of seized objects), investigation reports (as to the authenticity and correctness of the trademark), investigation reports ( as to the registration of the trademark), investigation reports ( as to the registration of the trademark), investigation reports ( as to the calculation of the

1. Article 93 of the Trademark Act as to facts constituting an offense (excluding each of the registered trademarks);

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

1. Selection of an alternative fine for punishment;

1. Articles 70 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;