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(영문) 서울남부지방법원 2015.10.23 2015고정1720

상표법위반

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a person who sells clothes under the trade name of “C” in Yangcheon-gu Seoul Metropolitan Government.

No person shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, without legitimate authority for use.

Nevertheless, around April 13, 2015, the Defendant: (a) held one room with the trademark right holder’s designated goods using handbags, etc. at the above clothing store as the designated goods; and (b) infringed on the said trademark right by holding the said trademark right in order to sell one room with the trademark indicating the “luorg” registered by the Korean Intellectual Property Office Article 018012 of the Korean Intellectual Property Office; and (c) infringed on the trademark right by holding five combined trademarks as indicated in the attached list of crimes

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A letter of appraisal of seized articles;

1. Application of the statutes of the original trademark 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. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (the confession of the crime in this case by the defendant and his mistake is pened, and the primary crime

1. Article 97-2 (1) of the Trademark Act that is confiscated;