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(영문) 수원지방법원 2019.10.17 2019고정1070

상표법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 mutual clothes sales store called “C” in Yeongdeungpo-gu, Suwon-si.

No one shall deliver, sell, forge, imitate or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use it on goods identical or similar to the designated goods.

Nevertheless, around February 14, 2019, the Defendant infringed on another person’s trademark rights by carrying, as designated goods, three pacs, two handbacs, two handbags, two handbags, and one handbags using a trademark registration number similar to the trademark registration number H, the trademark registration number of which the Defendant registered as the designated goods of D as trademark registration number and handbags as trademark registration number, and one handbags, one which used a trademark similar to G, the trademark registration number of which I registered as trademark registration number of J, K, and other similar trademarks, the trademark registration number of which the trademark registration number of D, the trademark registration number of which is similar to N, the trademark registration number of which is registered as trademark registration number of D, and two handbags, the trademark registration number of which is similar to those of P, the trademark registration number of which is registered as the designated goods, for the purpose of selling handbags.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes to the existing trademark register, such as control sites and photographs of seized goods, reports on appraisal of seized goods, register of trademarks, and register of trademarks;

1. Article 230 of the Trademark Act and Article 230 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. 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;