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(영문) 광주지방법원 순천지원 2016.07.13 2016고단544

상표법위반

Text

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

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

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark similar to another person's registered trademark for the purpose of using or making another person use it on goods similar to the designated goods.

The Defendant is the representative of “C” corporation, which manufactures and sells unsatisfying sat, etc. in netcheon-si B.

D (Representative E) around November 3, 2004, the trademark "F" was registered with the Korean Intellectual Property Office (registration number G) and the trademark term was renewed on November 3, 2014.

The Defendant knew that D, as seen above, produced and sold water dust with the trademark “F,” the Defendant, and even from January 2015 to July 2015, 2015, he produced the so-called “I”, a trademark similar to D’s “F,” and sold the 239 gamblings (total sales amount of KRW 1,912,00).

Accordingly, the Defendant used the trademark similar to “F”, which is the registered trademark of D, on goods similar to the designated goods, thereby infringing on D’s trademark right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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