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(영문) 서울서부지방법원 2021.01.28 2020고정1156

상표법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a current or former representative of Internet shopping mall B.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods, or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, from early 2019 to April 29, 2020, the Defendant: (a) sold mobile phone bags case ( approximately KRW 8,000 per opening price, KRW 49,00 per unit, KRW 40 per unit, KRW 22,727,00 per unit, KRW 50,000 per unit, KRW 50,000 per unit, and KRW 109,000 per unit), with the trademark right holder at the office located in Kimpo-si located in Kimpo-si; (b) sold mobile phone bags case with the trademark registered as F with the Korean Intellectual Property Office of the Republic of Korea as the designated goods as the Chapter 09, etc.; and (c) sold mobile phone bags case with the trademark registered as F; and (d) sold them to the Korean Intellectual Property Office of the Republic of Korea as L.

Accordingly, the Defendant violated the trademark right by using a trademark identical or similar to the registered trademark on the designated goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the commencement report of internal affairs, B Internet advertising closures, (L) Internet advertising closures, trademark registration ledgers, records of trademark registration, seizure and list of seizure, appraisal records, sales details, and each investigation report (related to the rate of criminal facts, and specific relation to the sale quantity of G household products);

1. Relevant legal provisions and Article 230 of the Trademark Act regarding facts constituting an offense (to select each fine, including each registered trademark);

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;