beta
(영문) 서울중앙지방법원 2016.01.27 2015고단5517

상표법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who sells clothes, etc. under the trade name of Jung-gu “E” in Jung-gu.

On July 27, 2015, around 15:30 on July 27, 2015, the Defendant infringed on the trademark rights of the trademark owner by displaying and keeping for sale the 14 points, including the clothes, bags, and shoes attached with a forged trademark on the same shape as the trademark "Frada (PDRA No. 662397)" (Registration No. 662397), which is the trademark right holder "Frada S. A," which is the trademark holder "Fada D 19, Jung-gu, Seoul, Seoul, and by displaying and keeping for sale the trademark rights of the trademark owner.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of the estimated price of authentic goods, written appraisal, appraisal opinion, and price list of authentic goods, and one original register for trademark registration;

1. Seizure records;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

1. The relevant legal provisions and the choice of punishment for each crime: Determination of fines under Article 93 of the Trademark Act (limited to each registered trademark) and each of them;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

D. Unfavorable circumstances: although the defendant had a number of records of the same punishment, the crime of this case is not less severe than that of this case.

A favorable normal condition: The defendant has divided his wrong and is against his depth.