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(영문) 의정부지방법원 고양지원 2018.04.13 2017고정1133 (1)

상표법위반

Text

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

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

Reasons

Punishment of the crime

No one shall, without legitimate authority, deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it for goods identical or similar to the designated goods.

Defendant: (a) around November 4, 2016, as a person operating a female clothing company with the trade name “C” in the building FF of the Dong-gu Seoul Metropolitan City building B, Manyang-si; (b) around November 4, 2016, the Defendant: (c) supplied the Plaintiff’s trademark right holder’s “Burri L” from the “F store No. 19 of the 2nd E market in Jung-gu Seoul, Jung-gu, Seoul, with the trademark registered with the Korean Intellectual Property Office (registration No. 0497230); and (d) supplied the clothing attached with the trademark identical to the “Burri” (registration No. 0497230) from around that time until December 20, 2016; and (d) infringed on the trademark right of another person by acquiring the clothing attached with the trademark registered with another person’s trademark (a total of KRW 7,750,000,000).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (Attachment to the original register of trademark registration for authentic goods) (Attachment to the original register of trademark registration for authentic goods), investigation report (Attachment to four copies of the sales ledger) - Application of the Acts and subordinate statutes attached to

1. Relevant legal provisions and Article 230 of the Trademark Act regarding facts constituting an offense (as a whole, the act of infringing trademark rights by monmons shall be punished by a fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;