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(영문) 대전지방법원 2014.08.22 2013고정2014

상표법위반등

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. On February 28, 2013, the Defendant violated the Trademark Act by developing a character “le ucre” in the shape of kiscre at the place of a trade exhibition hall located in the Daejeon Seodong-gu, Daejeon-do, Daejeon-dong 3-8, and by keeping and exhibiting in order to sell 12,109 points after being supplied with a pattern of 12,100 won per opening from G, a supplier with a trademark of the same or similar shape of mos attached to the D Intellectual Property Office by designating the shape of kis, etc. as the designated goods by C as the application number E, registration number E, registration number F, and the trademark right of C was infringed.

2. The Defendant violated the Copyright Act, at the above time and place, stored and displayed for profit-making purposes the author’s property rights of the original plant reproduced in the same shape as “le sucre” character, which is a work of the Japanese original plant of a limited liability company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and H;

1. The prosecutor's statement concerning H;

1. A complaint;

1. Records of seizure and the list of seizure;

1. Application of a consignment letter, Japan’s certificate of registration, trademark registration register, LAC-type Internet advertising and photographs, related data (investigative Records No. 46-7), contract (I, J), additional data (investigative Records No. 232-243), written opinion (investigative Records No. 244-264), written opinion by a complainant representative (investigative Records No. 335-391 of the Investigation Records), statutory application

1. Relevant legal provisions concerning facts constituting an offense, Article 93 of the Trademark Act, Article 136 (1) 1 of the Copyright Act and the selection of fines, 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. Article 97-2 (1) of the Trademark Act, Article 139 of the Copyright Act;

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