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(영문) 의정부지방법원 2013.07.18 2013고정1250

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

Criminal facts

At around 16:10 on January 29, 2013, the Defendant: (a) attached a trademark of “LOUIS VITON (registration number: 118012)”, which is the registered trademark of “LOUIIS” (LOIS : 12) or similar type; (b) attached a trademark of “GUCCI (registration number: 132874); and (c) attached a trademark of “GUCCI (registration number: 132874)” or similar type identical or similar to “D”, which is the registered trademark of “DIor (registration number: 057648)” of the trademark owner; and (d) attached a trademark of “DIIIIS Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Donn Donnnn Donn; (132).

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. E's written statement;

1. A written appraisal report;

1. On-site and photographs of seized articles;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

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;