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(영문) 서울중앙지방법원 2012.02.17 2009고정5398

상표법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant sells golf products with the trade name of "F" in 101 underground of Jongno-gu Seoul Metropolitan Government D Building.

A trademark right holder G is a representative of a company specializing in golf products in Singapore, and is a person who owns a trademark right by registering a log (registration number I on November 17, 1998, and designated goods golf bonds) containing a trademark "E" with the Korean Intellectual Property Office.

From around 2004 to December 22, 2008, the Defendant violated the trademark right of the trademark right holder by advertising the K golf bond with the golf bond imported from the Japanese J Co., Ltd. to the golf bond imported from the Japanese J Co., Ltd. from the Defendant’s workplace in the manner of attaching the "E" guarantee Stick ticket to the "E" golf bond.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by a witness L;

1. Three copies of SNIPER photographs;

1. Four copies of E/learning;

1. Application of the attached statutes, such as the current status of trademark registration;

1. Relevant laws and Article 93 of the Trademark Act concerning criminal facts and the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the suspended sentence: fine of 1,00,000 won; the registered trademark and the trademark used by the defendant are all treated as "E". However, although the trademark is known to many people, the age and other circumstances of the defendant are considered as shown in the records.