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(영문) 대구지방법원 2020.06.03 2020고정218

상표법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a store that sells and repairs the mutual clothes, visibility, bags, etc. of the trade name “D” in Daegu Jung-gu B C.

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, at around 14:20 on September 16, 2019, the Defendant displayed to the Korean Intellectual Property Office a fake clock bearing a trademark similar to the trademark “G” registered in the trademark register E and F, five fake clock bearing a trademark similar to the trademark “K” registered in H, one fake clock bearing a trademark similar to the trademark “K” registered in the J, and two fake clocks displaying a trademark similar to the trademark “M” registered in L for the purpose of selling to customers.

As a result, the Defendant used a trademark similar to the registered trademark of another person on goods similar to the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violation of the Trademark Act, verification of intellectual property rights, and each original trademark register;

1. Records of seizure and the list of seizure;

1. Application of laws and regulations on field photographs, photographs of fakes (Evidence Nos. 9 to 17), police statements on fakes

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

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

1. Article 236(1) of the Trademark Act that is confiscated;

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