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(영문) 의정부지방법원 고양지원 2018.01.12 2017고정1133

상표법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall, without legitimate authority, deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using it for goods identical or similar to the designated goods.

On October 9, 2016, the Defendant: (a) provided two clothes attached with a trademark identical to a trademark registered with the Korean Intellectual Property Office (Registration Number No. 03777) at the Korean Intellectual Property Office (Registration Number No. 0377) from the “F store 19, Jung-gu Seoul E market 2, Jung-gu, Seoul, to a female clothing company located in Yangcheon-gu, Seoul; (b) on October 9, 2016, the Defendant infringed another’s trademark right by receiving and carrying the clothes attached with another’s registered trademark (a total of KRW 8,400,000) from the “F store 19, Jung-gu, Seoul, Seoul, for the purpose of sale,” and by taking the same as the trademark registered with the Korean Intellectual Property Office, from around that time to December 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (Attachment to the original register of trademark registration for authentic goods) (Attachment to the original register of trademark registration for authentic goods), investigation report (Attachment to four copies of the sales ledger) - Application of the Acts and subordinate statutes attached to

1. Relevant legal provisions and Article 230 of the Trademark Act regarding facts constituting an offense (as a whole, the act of infringing trademark rights by monmons shall be punished by a fine);

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