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(영문) 부산지방법원 2016.06.28 2016고정1868

상표법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who operates clothes in the trade name of “B”.

From August 2015, the Defendant operated his clothes with the trade name “B” in Suwon-gu, Busan, and around January 8, 2016, the Defendant infringed on the trademark right of the victim by carrying the bags with the same shape as the trademark registered with the Korean Intellectual Property Office No. 030235 on November 30, 1995, which was attached to the victim’s lag belt on the clothes operated by the Defendant around January 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

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;