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(영문) 서울동부지방법원 2014.02.12 2013고정2926

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From September 2010, the Defendant has operated “C” clothes store in Seoul Special Metropolitan City Gwangjin-gu B and the first floor.

From June 2013, the Defendant sold goods bearing a false trademark on the above clothing store. From September 27, 2013, around September 27, 2013, the Defendant infringed upon each trademark right by keeping a total of 22 points (2,350,000 won, including one point (2,350,000 won at the sale price) with the registered trademark "Luis Quatze" (No. 316913) of the trademark right holder, which is the registered trademark "Luis Quatuuze" (No. 316913) for sale at the above clothing store.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Five copies of a control certificate and a control field photograph; and

1. Application of investigation reports (report on confirmation of the current market price) Acts and subordinate statutes;

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

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;