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(영문) 부산지방법원 2015.06.03 2015고정1517

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 a person who operates a temporary burial in the name of “C” under Article 82 of the Busan Jung-gu Building B, Busan.

On December 4, 2014, at the above store around 14:48, the Defendant kept 28 points (hereinafter “GUCC”), i.e., the owner of the trademark right, as indicated in the attached list of crimes, such as a bank attached with a trademark identical or similar to the trademark attached thereto, for the purpose of selling 28 points (30,020,000 won at the fixed price of goods) as indicated in the attached list of crimes, such as a bank attached with the trademark attached thereto.

Accordingly, the defendant infringed the trademark rights of the above trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 93 of the relevant Act concerning facts constituting an offense and Article 93 of the Trademark Act regarding the selection of punishment;

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;