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(영문) 대구지방법원 김천지원 2017.04.17 2017고정52

상표법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is on a street store that sells wallets and bags.

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

On November 6, 2016, around 14:30 on November 6, 2016, the Defendant violated each of the above trademark rights holders’ right to use the trademark, by possessing for sale the same trademark attachment 10 points, 2 points, and 2 points as the trademark attachment of the same trademark attachment in the front of the Gumi-si B commercial building in the Gumi-si B, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a report on detection (Violation of the Trademark Act) and a report on internal investigation (as to attachment of photographs);

1. Relevant legal provisions concerning facts constituting an offense, and Article 230 of the Trademark Act (including each registered trademark), and selection of fines, respectively;

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

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