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(영문) 창원지방법원 마산지원 2016.04.08 2016고정156

상표법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who sells clothes with a household.

On February 4, 2016, at around 14:08, the Defendant: (a) displayed the “C” store operated by the Defendant located in Masan-si B, Changwon-si; (b) in order to sell four women’s handbags with the same shape of forged trademark ( trademark registration No. 030235), and one baghhhhhs with the trademark registered in the Korean Intellectual Property Office, the Defendant infringed the trademark rights of the said trademark right holder by displaying to sell the aforesaid shape of forged trademark registered ( trademark registration No. 030235).

Summary of Evidence

1. Written statements prepared by D;

1. Records of seizure and list of seizure prepared by the police;

1. A copy of the trademark registration ledger;

1. Application of Acts and subordinate statutes to photographs of site and seized articles;

1. Article 93 of the relevant Act on criminal facts and Article 93 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;