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(영문) 대전지방법원 서산지원 2014.08.12 2013고정411

상표법위반

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 15:40 on June 25, 2013, the Defendant sold clothes in front of the C upper end of the Sinjin-si B market, the Defendant infringed the trademark right by using the trademark identical to the above registered trademark, by displaying three points, three point below, two point, and six point, eight point, eight point, eight point, and four point, four point, one of the trademark registration number of the trademark registered in Panan L&C (ju), the trademark registration number of which is identical to the FNP (FN) of the trademark registration number of the trademark registered in Panan L&C (ju), and four point, three point, one half point, and one half point, half point, half point, and four point, half point, half point, which is the trademark registration number of the trademark registered in Panan L&C (ju), which is the trademark registration number of the trademark registered in B.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (Binding of the original trademark register, etc.), investigation report (Attachment of seized articles);

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Confiscation under Article 97-2 of the Trademark Act;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are acknowledged to have committed the crime of this case again despite the fact that the defendant had been punished once for the same kind of crime, but there is no particular property, and the defendant was discovered while selling counterfeit goods at the street store for the purpose of maintaining his/her livelihood, and all the sentencing conditions specified in the records and arguments of this case, including the motive and circumstances leading up to the crime of this case, circumstances after the crime, and the defendant's business methods or scale