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(영문) 인천지방법원 2015.05.28 2015고정33

상표법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates D of an imported wholesale company located on the ground level of Guro-gu Seoul Metropolitan Government C building.

No forged goods using a trademark identical or similar to the registered trademark of another person shall be imported without legitimate use of the trademark.

Nevertheless, around January 6, 2014, the Defendant imported the 199 points of charge, 79,600,000 won of the presumption price, which was registered under the registration number No. 00305, from among the Incheon Port Co., Ltd., Ltd., which was located in Jung-gu, Incheon, Jung-gu, Incheon, as the designated goods in the extreme bonded warehouse, and thereby infringed the trademark rights of others by importing the forged trademark that was registered under the registration number No. 00305.

Summary of Evidence

1. Inspection reports and reports on inspection by an agent of a trademark right holder;

1. A document containing an import declaration;

1. An output after the completion of the order screen;

1. Handics and photographs;

1. Application of seizure records and list statutes;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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;

1. It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more of the cost of lawsuit;