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(영문) 광주지방법원 목포지원 2017.12.11 2017고정510

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

The defendant is the operator of ‘C' mutually 'C', which is in Sinpo City B.

On June 26, 2017, at around 15:50, the Defendant displayed one bag attached with the same shape of the trademark "Louis Vuiton," which is the trademark of the trademark right holder Liuis Vuiton on the display stand for sale to many unspecified persons. The Defendant collected the same shape forged trademark "Dior, which is the trademark of the trademark right holder's Cior, the trademark of the trademark right holder's Cior, the trademark of the trademark of the trademark right holder's Cior, the trademark of the same shape as the trademark of the trademark of the trademark right holder's fladra S., the trademark holder's trademark right holder's 6 marks attached with the trademark of the same shape as the trademark of the trademark right holder's 14 points on the display stand for sale to many unspecified persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violations of the Trademark Act (before station);

1. Investigation reports (on-site situations, etc.);

1. On-site reports (as to attachment of field photographs)

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

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

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;