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(영문) 서울동부지방법원 2019.03.26 2019고정26

상표법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 31, 2018, at around 14:50 on October 31, 2018, the Defendant, at the “C” clothing store operated by the Defendant in Gangdong-gu Seoul, infringed on the victim’s trademark rights by displaying for the purpose of selling, each of the cognants with a trademark identical or similar to D’D’ registered as trademark registration number E, and the victim F, with a trademark identical or similar to H’s international registration number G.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Investigation report (Submission of an appraisal report), appraisal report, D Trademark Register, H Trademark Register;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, photographs of seized articles and field photographs;

1. Relevant Article 230 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 (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;