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(영문) 광주지방법원 목포지원 2012.06.04 2012고정59

상표법위반

Text

1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who sells clothes in the old.

On April 1, 2011, at least 21:25, the Defendant displayed for the purpose of selling 14 punishment, which is goods identical or similar to the designated goods on which a trademark identical or similar to the designated goods (No. 075263) is attached, and (No. 075263), which is goods identical or similar to the designated goods on which a trademark identical or similar to the designated goods is attached, and (No. 0417383) which are goods identical or similar to the designated goods, and (No. 08572955) which are goods identical or similar to the designated goods on which a trademark similar to the designated goods is attached, at least 28 punishment, and (No. 0857295) which are goods identical or similar to the designated goods of the Defendant.

Accordingly, the defendant committed the infringement of each trademark right above.

Summary of Evidence

1. The defendant's partial statement: The defendant's assertion that the third party sold counterfeit items of this case from the defendant's lag's street, told the third party that he would get to get to get to get to get to her to Jindo, and that the defendant did not display it to sell the counterfeit items of this case. However, the defendant did not make any statement about his personal information or contact details. The counterfeit items of this case were displayed immediately adjacent to the defendant's street store, and the defendant intentionally avoided the inspection of the falsified detection machine, etc., in light of the above, the above assertion by the defendant is insufficient.

1. Legal statement of witness E;

1. Application of police seizure records, each trademark register, field photographs and statutes;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. Article 334 (1) of the Criminal Procedure Act.

6. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;