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(영문) 서울북부지방법원 2015.12.18 2015고정2099

상표법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is not an owner of a trademark right or exclusive licensee of Hyundai Motor, Abandoned Motor, Balian Motor, Mano-Mari (KoreanGM).

Nevertheless, while operating the “D”, which is a manufacturer of vehicle supplies, in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) had a mark substantially identical to the registered trademark of Hyundai Movist’s Hyundai Motor Vehicle (registration No. 0208349); (b) Absent Motor Vehicle (Registration No. 032414); (c) Absent Motor Vehicle (Registration No. 062270); (d) Absentrance (Registration No. 0038199); and (e) Abstinian (Registration No. 05451); and (b) Abstinian (Registration No. 05451); (c) had a mark identical to the registered trademark of 2,300 won per 1 (former and rear 3,000 won per motor vehicle; (d) Abstinian (registration No. 03,000 won per 3,000 won per 1,505.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Police suspect interrogation protocol of the accused;

1. Copies of each police statement made to F, G, H, and I;

1. Application of Acts and subordinate statutes of a copy of each original trademark register;

1. Article 93 of the Trademark Act and Article 93 of the same Act regarding criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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