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(영문) 서울남부지방법원 2019.09.25 2019고정1011

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is indicated, for the purpose of transfer or delivery.

1. The Defendant in violation of the B-Related Trademark Act posted a letter to sell 1 to 1 to 1 to 2019, using his or her mother od "B" mark in the Open Market Access (hereinafter referred to as "D") from the date when it was in fact, to January 4, 2019.

However, the trademark “B” has already been registered as the trademark holder, and the term “E”, etc. was registered as the designated goods.

Accordingly, the Defendant violated the trademark right by possessing goods identical with or similar to the designated goods on which another person’s registered trademark is indicated.

2. The Defendant, in violation of the F-related Trademark Act, posted a letter to sell the maternal knife k’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s h’

However, the trademark “F” has already been registered as the trademark holder and the “G”, etc. as the designated goods.

Accordingly, the Defendant violated the trademark right by possessing goods identical with or similar to the designated goods on which another person’s registered trademark is indicated.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Investigation report (verification of trademark registration related to the visibility of this case and appendix of documents), investigation report (Attachment of photographs of seized articles);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing sales of goods;

1. Article 230 of the Trademark Act and Article 230 of the same Act concerning facts constituting a crime, the choice of fines, and the choice of fines;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;