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(영문) 인천지방법원 부천지원 2016.08.25 2016고정729

상표법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 8, 2016, around 12:30 on 12:30, 20, the Defendant displayed the company’s trademark rights to sell them to many consumers by displaying, keeping, and selling them in an unspecified manner with a trademark of the same shape as the trademark attached to the “lui B apartment complex,” “B”, “B” registered with the Korean Intellectual Property Office (hereinafter “lui B apartment complex”), “B,” “B,” “B,” “B,” “B,” “B,” and “L,” attached with the trademark of the same shape. The Defendant infringed the company’s trademark rights by displaying, keeping, and selling them to many consumers.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Business registration certificate and original register of trademark registration;

1. Application of each statute on photographs;

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;