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(영문) 청주지방법원 2014.04.03 2014고정116

상표법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant sells clothes, etc. from the third floor of the Heung-gu building B in Cheongju-si to the trade name of “C”.

On January 2, 2014, at the above "C" store, the Defendant kept three diskettes (No. 1) and three (No. 2), three (No. 1), and six (No. 6) and five (No. 4 (No. 3) and five (No. 4) with the trademark right holder’s trademark (No. 07905050), with the trademark right holder’s trademark registration (No. 5) with the trademark registration number No. 03624), with the shape similar to that of the trademark right (No. 035624), and the trademark right holder’s trademark registration No. 6 (No. 3) with the trademark registration number No. 0417383), and one half (No. 67) with the trademark right holder’s total number No. 7 (No. 7) with the trademark right holder’s infringement of No. 1 and one half (No. 7) with the trademark right holder’s infringement of the shape similar to that of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of crackdown on intellectual property rights to be prepared D;

1. Records of seizure and the list of seizure;

1. The original trademark register;

1. Application of the photographic Acts and subordinate 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;