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(영문) 서울동부지방법원 2017.01.10 2016고정2004

상표법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 23:00 on September 13, 2016, the Defendant infringed on the trademark rights of the trademark holder by selling 2 points of the hand-to-date trademark (CARIER) under the same name (CARIER No. 034767), which is the trademark registration of the victim C, at his own house in Gwangjin-gu Seoul Special Metropolitan City, through the Internet opening site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Original register of trademark registration;

1. Photographs of seized articles;

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

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. 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;