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(영문) 서울남부지방법원 2017.09.28 2017고정1175

상표법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, 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 March 8, 2017, the Defendant sold 35,000 won via “C”, which is identical or similar to the former trademark “B” registered with the Korean Intellectual Property Office (Trademark No. 006629) at the time of the Republic of Korea, from around March 8, 2017 to the Defendant’s office located in Gangseo-gu Seoul, by selling 35,000 won of the fixed goods with the same or similar forged trademark registered with the Korean Intellectual Property Office (Trademark No. 006629) at the time of D, as well as by selling 35,00 won of the fixed goods with the Internet shopping mall, from October 1, 2016 to March 31, 207 in the same manner, and sold them at around 314 times through the same crime list, 297,600,000 won, and 305,000 won of the trademark price of the Defendant’s 315,017.

Summary of Evidence

1. A protocol of seizure and a copy of seizure;

1. A statement of opinions on appraisal of seized articles;

1. Details of online sales;

1. Investigation report (the details of online sales);

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Article 230 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (limited to the crimes of possession for each sale, since one crime is established for each registered trademark);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;