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(영문) 서울남부지방법원 2015.11.11 2015고정2004

상표법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who sells clothes under the trade name of “C” in Yangcheon-gu Seoul Metropolitan Government.

No person shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, without legitimate authority for use.

Nevertheless, around March 30, 2015, the Defendant, at the above clothing store, possessed two parts of the trademark indicating the “HZYS” registered by the Korean Intellectual Property Office Article 0897870 of the Korean Intellectual Property Office as designated goods, and infringed on the trademark right by possessing the said trademark right in order to sell the total of three trademarks as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A report on seizure, a list of seizure and an opinion on appraisal of seized articles;

1. Application of the statutes of the original trademark register;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;