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(영문) 서울중앙지방법원 2015.04.16 2015고정288

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

No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use it for goods identical or similar to the designated goods.

Nevertheless, at around 22:30 on November 9, 2014, the Defendant, at the front store in Jung-gu Seoul Metropolitan Government, kept in a street store a trademark identical or similar to another person’s registered trademark for the purpose of selling a Handphone case total of 45 points where a fake trademark is marked and attached to goods identical or similar to the designated goods, such as the list of crimes in the attached Table, and thereby infringed another person’s trademark right registered with the Korean Intellectual Property Office.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police seizure record and the list of seizure;

1. An appraisal opinion;

1. Copy of the trademark register, and the trademark register;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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