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(영문) 대구지방법원 김천지원 2015.06.11 2015고정230

상표법위반

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who operates the "C" of the clothing store in the Gu and Si.

On November 21, 2014, the Defendant did not transfer or deliver goods identical with or similar to the designated goods on which another person’s registered trademark or any other similar trademark is used, or possess, exhibit, export, or import them for such purpose. However, on November 15, 2014, the Defendant infringed upon the trademark right of another person duly registered at the market price equivalent to 67,785,00 won by carrying the forged goods of 34 points, such as the Gabs, which are attached to the clothes store operated by the Defendant in Gumi-si, Si, Gumi-si, B, for the purpose of selling them.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as to the result of the control and field photographs), investigation report (as to the telephone report), copy of the business registration certificate, investigation report ( as to the authenticity of the fixed price), investigation report ( as to whether a trademark is registered or not), investigation report (as to the calculation of the amount of trademark right infringement);

1. Application of Acts and subordinate statutes to seizure records and investigation reports (as to attachment of photographs of seized articles);

1. Article 93 of the Trademark Act and Article 93 of the same Act regarding criminal facts and the choice of fines;

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;