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(영문) 서울동부지방법원 2016.01.15 2015고정1803

상표법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” as a seller of used goods in Gwangjin-gu Seoul Special Metropolitan City.

On August 19, 2015, the Defendant infringed on the trademark right of the trademark holder by carrying two bags with the same pattern forged trademark attached to "LOUIS VITON" (Trademark No. 010463), which is the trademark of the trademark right holder, at the above store around August 19, 2015 (Trademark No. 018012), and two bags with the same pattern forged trademark attached to "LV" (Trademark No. 018012).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Proxy letter;

1. Registration number and investigation report of the trademark (Attachment to the original register of the trademark registration);

1. Field control photographs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (to be punished by a fine, respectively, for 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 97-2 (1) of the Trademark Act that has been confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;