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(영문) 대전지방법원 홍성지원 2016.06.30 2016고정74

상표법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates D'the mutual miscellaneous points with D' in the name of ‘D' in Boak-si C (Haak line) in Boak-si B.

From October 5, 2015 to December 14:20, 2015, the Defendant infringed on the trademark rights of the said company by displaying 33 counterfeit houses with marks similar to the trademark registration number No. 1060391, the trademark registration number of the trademark registration number registered by the company as the damaged to the said miscellaneous store display team, for the purpose of selling to many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to be accompanied by an appraisal opinion, and to submit the original register of trademarks);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 93 of the Trademark Act and the choice of fines, inclusive, with regard to the relevant legal provisions and punishment regarding criminal facts;

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

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the crime of this case and reflects the defendant, there are no records of special punishment except for the criminal records of this case and one time (the punishment amount to KRW 500,000). The defendant does not seem to have obtained a large pecuniary profit through the crime of this case, and the defendant’s character and behavior, environment, motive, means and consequence leading to the crime of this case, and circumstances after the crime of this case shall be determined as ordered by taking into account such various circumstances as the punishment of this case.