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(영문) 광주지방법원 2013.09.26 2013고정1596

상표법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant was operating a virtual retail store from September 16, 2010 to the name of “C” in Seo-gu, Gwangju, Seo-gu.

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

Nevertheless, at around 14:30 on May 8, 2013, the Defendant: (a) purchased in the street store in Seoul Eastern Market, and displayed and stored them for sale in the above store, and infringed on the trademark rights of the above trademark right holder; (b) one of the bags on which a fake trademark identical or similar to the trademark is attached, 5, 9, 9, and 80 (registration number: No. 362461); and (c) one of the bags on which a fake trademark identical or similar to the trademark is attached, which was registered with the Korean Intellectual Property Office (registration number: 59471); and (d) the trademark rights of the above trademark right holder were displayed and stored for sale in the above store.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of the list of seizure, photographs of control site, and statutes of the Trademark Registration Register;

1. Relevant Article 93 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 97-2 (1) of the Trademark Act is that the defendant exhibits and keeps 15 points of infringement of trademark rights for the purpose of selling goods, and infringes on trademark rights of other persons. However, the criminal nature of the defendant is not weak in light of the fact that the defendant is a primary offender who has no previous criminal record, that the defendant is scheduled to organize his own store and work as an assistant nurse, and that the defendant again does not repeat the same crime while he is scheduled to serve as an assistant nurse. At present, the child of the second and sixth years in high school is being hospitalized by the defendant's husband.