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(영문) 서울북부지방법원 2017.10.12 2017고정1565

상표법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who sells clothes in Songpa-gu Seoul Metropolitan Government Btel 301.

At around 15:10 on May 30, 2017, the Defendant: (a) held at the above location 31 points (150,000 won, such as the clothes on which a forged trademark is attached (150,000 won in estimate of fixed goods) for the purpose of transferring and delivering to many, unspecified persons who find out a store as shown in the attached list of crimes, the Defendant infringed the trademark rights of the owner of the trademark, respectively, by possessing for the purpose of transferring and delivering to them the same shape of “PARY GETS, No. 0795622)”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Purchase and sale price of counterfeit products;

1. An appraisal opinion, and a presumption of good;

1. Original register of trademark registration;

1. A copy of a contract for shop lease;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant Article of the Act and Article 230 of the Trademark Act regarding criminal facts (Selection of penalty)

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 236(1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;