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(영문) 서울중앙지방법원 2016.09.08 2016고단4475

상표법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 5, 2016, at around 14:10, the Defendant infringed on the trademark rights of the trademark right holder by keeping for sale all forged trademark products, such as entries in the attached list of crimes, with three points affixed with a forged trademark identical or similar to “MCM (registration number: No. 148830),” which is the trademark right holder of “MM Holdings”, in the “D” store located in Gangnam-gu Seoul Metropolitan Government, Seoul, and thereby infringing on the trademark rights of the trademark holder.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. The original trademark register;

1. An appraisal report and the unit price table;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 93 of the Trademark Act (limited to each registered trademark) and the selection of fines as to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The goods dealt with by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act are forged domestically and overseas well-known trademarks, thereby damaging the business reputation of the trademark right holder and disturbing market order such as distributing related goods. The fact that the number of goods dealt with by the defendant is large is disadvantageous to the defendant.

However, the facts that the Defendant reflects the mistake, most of the goods are liquid, and most of the goods are distributed as a general meeting or a general meeting or a manager of the goods, and the substantial amount of crime is not significant, all of which are confiscated and expected to be confiscated, and all of which are no previous or previous ones can be considered as favorable circumstances.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.