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(영문) 서울동부지방법원 2013.07.24 2013고정1548

상표법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From around 2010, the Defendant has operated clothing retail business with the trade name of “C” in Seoul Special Metropolitan City, Nowon-gu, Seoul.

From August 2012, the Defendant, from around May 22, 2013, sold a wall, clothes, etc. with a forged well-known trademark attached to the above store, on May 22, 2013, the Defendant infringed on each trademark right by possessing for sale the wall, clothes, etc. (a total of 12,500,000 won at the estimated price of the well-known goods) of the registered trademark "LOUIIS VITON" (No. 059471) of the trademark right holder at the above store, as shown in the attached list of crimes, the wall, clothes, etc. with the same shape as the registered trademark "LOUIS VITON" (No. 059471).

Summary of Evidence

1. Defendant's legal statement;

1. Six copies of the control site photograph; and

1. Records of seizure and the list of seizure;

1. A copy of the sales account book;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of the estimated market price of fixed goods);

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (to select fines, including each of the registered trademarks);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;