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서울북부지방법원 2016.01.28 2015고단4159

상표법위반

Text

1. The defendant shall be punished by a fine not exceeding 30,000,000 (three thousand)

2. When the defendant does not pay a fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a precious metal sales store under the trade name of Jongno-gu Seoul Metropolitan Government “C”.

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

The Defendant purchased 10% of the purchase price from D (not later than August 3, 2015, from “C” sales store to January 6, 2015, and purchased 108 precious metal (330,000 won for genuine products) with a trademark identical or similar to B/D (No. 0149164) registered with the Korean Intellectual Property Office of the Republic of Korea at the time of F/L on January 6, 2015, the Defendant sold 10% of the purchase price to customers without name with approximately 10% profits, and from that time until July 13, 2015, the Defendant sold 108 precious metal (the value of genuine products 33,874,00 won) from D to 55 times in total, such as D’s list of crimes (C and A), with the intention of selling or infringing upon the trademark right of D/L to customers, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into the suspect examination protocol of each prosecution with regard to D;

1. A copy of each business registration certificate, a copy of a detailed statement of transactions, and a copy thereof;

1. Eight copies of the original register of trademark registration;

1. Application of Acts and subordinate statutes to a statement of estimate price of authentic goods;

1. Relevant Article 93 of the Criminal Act concerning the crime (the fact that the crime is recognized and is against the wrongness, and the fact that it does not prevent the same mistake);

(2) The Commission shall take into account the fact that the

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;