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(영문) 대구지방법원 서부지원 2016.08.17 2016고정567

상표법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual clothes store called “B”.

On February 12, 2016, the Defendant: (a) attached a “B” store located in Daegu-si Si, Daegu-si; (b) attached a Nowon Spanish trademark using the trademark identical or similar to the Nos. Spanish trademark registered with the Korean Intellectual Property Office; (c) 2, Titrts 2; (d), 1, Titrts 9; (d), 2, 1, 1, 9, 2, 4, 4, 1, 1, 3, 3, 3, 4, 14, 2, 4, 4, 4, 4, 4, 4, 4 and 3, 3, 3, 2, 3, 3, 3, 3, 3, 3, 3, 3, 5, 5, 3, 5, 5, 4, 4, 4, 4, and mar or similar trademarks.

As such, the defendant infringed the above trademark owner's right to use the trademark.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seized articles;

1. Written statements of D;

1. Proxy form and original register of trademarks;

1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment, such as photographs, etc. of seized articles);

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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;