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(영문) 서울중앙지방법원 2015.04.16 2015고정782

상표법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No trademark identical or similar to another person's registered trademark shall be delivered, sold, counterfeited, forged, or possessed for the purpose of using or making another person use it for goods identical or similar to the designated

Nevertheless, around 00:30 on January 6, 2015, the Defendant: (a) held, without legitimate authority, the “Canadian headship” at the store B 1C-34 C of Jung-gu Seoul, Jung-gu, Seoul, for the purpose of selling fake Canada’s 44 points where the trademark identical to the trademark registered with the Korean Intellectual Property Office (registration No. 07974) was attached to the Korean Intellectual Property Office; and (b) infringed the trademark right of the said trademark owner.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. An appraisal opinion;

1. Copy of the original trademark register;

1. Application of statutes on site photographs;

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

1. Articles 70 (1) 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;

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