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(영문) 광주지방법원 2013.11.01 2013고정1909

상표법위반

Text

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

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

Reasons

Punishment of the crime

From May 3, 2013, the Defendant is a person who has operated a new retail store under the trade name of Seo-gu, Gwangju.

The Defendant purchased and displayed one trademark "name officer or manager", which is the same as the trademark, and the same as the trademark (No. 030235) registered with the Korean Intellectual Property Office (No. 030235), and one trademark "name officer or manager" as the trademark (No. 010463) and one trademark "name officer or manager" (no. 500,000 won and sales are equivalent to 40,000 won), and four trademarks "name officer or manager" (no. 063194), which are the same as the trademark and four trademarks (the normal market price and sales amount are equivalent to 20,000 won), etc. as the trademark, from the street board of operation of a person whose name is not known in the Seoul Dongdaemun-gu Market.

From around that time to August 6, 2013, the Defendant displayed and stored one person’s name, “representative”, and other similar factors purchased between the Defendant and the Defendant, and infringed the trademark right of the said trademark owner.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each original trademark register;

1. Application of Acts and subordinate statutes on documentary evidence;

1. Article 93 of the Trademark Act applicable to 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 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;