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(영문) 서울중앙지방법원 2018.05.25 2018고정1003

상표법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 12, 2018, at around 15:42, the Defendant displayed the above store in order to sell KRW 2.50,000, the victim’s trademark right was infringed upon by displaying it in order to sell the mark identical or similar to the trademark registered with the Korean Intellectual Property Office (Registration No. 037376). A. A. A., a trademark registered with the Korean Intellectual Property Office (No. 037376).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Burial photographs;

1. Original register of trademark registration;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment to power violating the Trademark Act of the same kind);

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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