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(영문) 서울중앙지방법원 2016.03.10 2015고정4376

상표법위반

Text

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

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

Reasons

Punishment of the crime

On December 15, 2013, around 12:10 on December 15, 2013, the Defendant: (a) displayed the trademark “BURBERY” (registration number: No. 010463) of the trademark registration “LOUS VUTRON” (registration number: No. 010463) at the front of the “C” located in Jongno-gu Seoul Metropolitan Government Jongno-gu, as designated goods; and (b) displayed the trademark “BURBERY” (registration number: No. 0163562) of the trademark registration as designated goods, and infringed on the trademark rights of the Defendant, by displaying the trademark “LOUISSIERNY” (registration number: 0163562) at his/her discretion, for the purpose of selling the chof, attached with the scarf, etc.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Photographss of seized articles, original register of trademark registration, and written confirmation of crackdown on property rights;

1. Application of police seizure records and seizure list Acts and subordinate statutes;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

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 97-2 (1) of the Trademark Act that has been confiscated;

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