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(영문) 서울중앙지방법원 2020.01.21 2019고정2582

상표법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. From February 1, 2018 to April 23, 2019, the Defendant, from the Internet shopping mall “B” operated by the Defendant, sold household goods with the same trademark as that registered with the Korean Intellectual Property Office (trademark registration number D) and similar trademarks attached thereto, and sold 49 household goods clothing, etc. as indicated in attached Table 1, thereby infringing the victim’s trademark right.

2. On August 20, 2019, the Defendant sold the family items with the same and similar trademarks attached to the trademark registered with the Korean Intellectual Property Office (trademark registration number G) at the street store operated by the Defendant in front of the Seoul Jung-gu, Seoul, and infringed the victim’s trademark right by selling 67 household items in total as shown in the attached list 2 of the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The original trademark register;

1. A written appraisal;

1. All on-site control photographs;

1. Each protocol of seizure and each list of seizure;

1. Application of the Acts and subordinate statutes to the Hfags and to the Bfags;

1. Article 230 of the Trademark Act (exclusive of the registered trademark, selection of fines) concerning facts constituting an offense and the selection of punishment;

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;