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(영문) 서울남부지방법원 2014.01.17 2013고정2562

상표법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 3,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation whose purpose is to wholesale and retail business, and Defendant A is the representative director of the above corporation, who operates the above corporation as the representative director of B.

1. From March 201 to November 2011, Defendant A, the Defendant: (a) manufactured teaching materials in the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government; and (b) manufactured teaching materials in the English language attached to a trademark registered with the Korean Intellectual Property Office under Article 41-0195308 on March 19, 201; and (c) sold copies in the aggregate from March 201 to March 26, 201, by the Korean Intellectual Property Office under Article 45-035911 of the Act on August 23, 2011; and (d) manufactured teaching materials in the same shape as the trademark and service mark registered with the Korean Intellectual Property Office as the designated goods; and (e) sold copies in the English language attached with the trademark and service mark registered with the trademark from March 21, 2011 to March 26, 2015; and (e) sold copies to the Korean Intellectual Property Office from March 28, 2011.

Accordingly, the Defendant infringed the trademark right of F Co., Ltd.

2. Defendant B, at the same time, at the same place as above, infringed Defendant B’s trademark right as above in relation to the Defendant’s business.

Summary of Evidence

1. The legal statement of the defendant A (as of the third trial date);

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 93 (Selection of Fine) of the Trademark Act: Article 97 subparagraph 1 of the Trademark Act and Article 93 (Selection of Fine): Defendant A

2. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act.

3. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are the primary offenders, the fact that Defendant A appears to have caused the instant crime due to legal judgment and error, and as a result, the confession of all the crimes, and the fact that the mistake is divided and the depth is reflected, shall be determined to the Defendants.