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(영문) 서울중앙지방법원 2013.04.22 2013고정1251

상표법위반

Text

A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a diversity in the middle-gu Seoul Metropolitan Government in front of the neighboring C regularly.

No one shall deliver, sell, possess, etc. a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use it on goods similar to the designated goods.

Nevertheless, at around 01:20 on December 21, 2012, the Defendant: (a) held 22 points for selling to many unspecified customers, and infringed the trademark right of the said trademark right holder at the above place. Around 01:20, the Defendant: (b) held 22 points on which a monin trademark (MONCE) was attached to the Korean Intellectual Property Office, which was registered with the Korean Intellectual Property Office.

The Defendant, including this, infringed upon the trademark rights of the trademark right holders, at the same time and at the same place as above, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Scenic photographs of the control site;

1. A report on seizure, the total list of seized articles, and the list of seized articles;

1. A copy of the trademark register, a copy of the trademark register, a copy of the trademark register, a copy of the trademark register, a copy of the trademark register, a copy of the trademark register, a copy of the trademark register, a copy of the trademark register, or a copy of the trademark register;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (verification of registration of designated goods), and statutes;

1. Article 93 of the Trademark Act and Article 93 of the same Act concerning criminal facts and the choice of fines;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects a crime, there is no record of criminal punishment for the last ten years, and the scale of the crime in this case, etc.