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(영문) 울산지방법원 2012.10.25 2012고정733

상표법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall use without permission a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods.

From January 1, 201 to December 2, 201 of the same year, the Defendant connected the Defendant’s house located in Ulsan-gu Northern Zone C with “D” at the Defendant’s house located in the open market (www.co., Ltd.) and sold the said cable at KRW 4,500 per unit from China, and posted 10 won for sale purposes to the Internet, thereby infringing the Defendant’s trademark right.

Summary of Evidence

1. The defendant's partial statement (for the description of the function of goods, the purport that the trademark right was not infringed and the defendant did not have intention thereto);

1. A complaint, all the relevant materials based on the complaint (including photographs of 15, 16, 22 pages) and a document submitted by the suspect (including photographs of 56 through 58 pages of investigation records);

1. Application of Acts and subordinate statutes to which a criminal investigation report (Attachment of patent-related data) and attorney's opinion are attached;

1. Article 93 (General Provisions) of the Trademark Act and selection of fines concerning facts constituting an offense;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;