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(영문) 광주지방법원 2017.08.18 2017고단1337

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates the Gwangju Mine-gu C Burial.

No person shall manufacture and sell, or keep for the purpose of manufacture and sale any product on which a trademark identical or similar to another person's registered trademark is marked.

Nevertheless, on November 18, 2016, the Defendant sold a total of 10 Class 25 (the total of 4,125,000 won) as indicated in the list of crimes in attached Form 1, including 1,00 if he/she had a forged trademark attached, which is the same as the old ice (trademark No. 66629, trademark registration number, and trademark right holder's old guarder at the time of the lapsy) registered with the Korean Intellectual Property Office at the above C Burial, and infringed the trademark right owned by the above trademark owner.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and evidence and photographs of seized articles;

1. On-site photographs, documents on analysis of ingredients, the original register of trademark registration, the list of refined prices, and the list of calculation of values;

1. Application of statutes;

1. Article 230 of the Trademark Act concerning facts constituting an offense;

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 236(1) of the Trademark Act that is confiscated;

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