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(영문) 의정부지방법원 2013.04.11 2012고정2370

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is engaged in the household manufacturing business with the trade name "D" in Scheon City C.

On or before February 15, 2009, the Defendant entered into a contract with the Korean Intellectual Property Office (F (Registration Number G) trademark (hereinafter “instant trademark”) registered with the Korean Intellectual Property Office as of June 15, 2009, and manufactured approximately 650 bits, among which 520 bits were supplied to E, and kept the remaining approximately 130 bits in custody at the above place without the consent of E,

(a) 2 feet equivalent to 600,000 won at the market price on which the trademark of this case is attached to H in Sacheon-si, Sacheon-si, Sacheon-si on the first and last October 2010;

(b) 10,000,000 won at the market value on which the trademark of this case was attached to H in Pocheon-si, Sincheon-si, Ha on November 1, 2010;

(c) 4.50,000,000 won at the market price on which the trademark of this case was attached to K in Macheon-si, J in order to December 2010;

(d) 20,000,000 won of the market value on which the instant trademark is attached at the L household store located in Macheon-si, JJ in February 201, on the first and second anniversary of February 201;

E. On March 201, 201, the Plaintiff infringed the E’s trademark right by selling 3.9 million won of the market price at which the instant trademark was attached at the Nhousehold store located in Ma-si, Spocheon-si.

(hereinafter referred to as the “instant intrusion”). Summary of evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused (third time);

1. Each police statement of E (1, 2 times);

1. A complaint and an additional complaint;

1. An investigation report (written confirmation, product photograph), investigation report (fixture confirmation), investigation report (a statement of transaction, etc.);

1. Application of statutes on trademark registration certificates;

1. Article 93 of the Trademark Act and Article 93 of the same Act concerning criminal facts and the choice of fines;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.