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(영문) 대구지방법원 2013.08.21 2013고정1734

상표법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall possess goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used for the purpose of transferring or delivering them.

Nevertheless, at around 14:00 on May 3, 2013, the Defendant: (a) held 207-2 (220 as the center line prior to the Daegu Dog-dong 2007-2 (hereinafter referred to as the center) for the purpose of selling 4 and 8 fake trademarks attached to a fake trademark (trademark No. 0380952) with a trademark right; (b) five windings with a fake trademark that forged the trademark of “balkingk”; and (c) four and eight trademarks with a fake trademark with a trademark right by the victim Coul, Ltd. (Trademark No. 0852795) with a trademark right.

Accordingly, the defendant infringed the trademark right of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Each original trademark register;

1. Application of the Acts and subordinate statutes to take photographs at control site;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

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;