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(영문) 부산지방법원 2016.06.08 2016고정1502

상표법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who sells bags and clothing with the trade name of "C" in Busan Jin-gu B.

No one shall sell or possess a trademark identical with or similar to another person's registered trademark for the purpose of use in the goods identical with or similar to the designated goods.

Nevertheless, at around 16:00 on February 18, 2016, the Defendant infringed on the trademark rights of the said trademark right holder by displaying and possessing three handbags for women, handbags, 1 handbags, 1 handbags, 1, 000, and 5 for sale to many, unspecified people, on which the similar trademark of the trademark (trademark registration number: 030235, 0619587) is marked, on the above “C” store registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Police seizure records and list of seizure;

1. Original register of trademark registration;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions concerning facts constituting an offense and Article 93 of the Trademark Act (a comprehensive selection of fines, etc.);

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;