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(영문) 서울중앙지방법원 2014.09.05 2014고정3061

상표법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a retail store of a woman of “D” in the first floor of Seoul Jung-gu Seoul Metropolitan Government C Building 50.

On November 13, 2013, when a trademark identical with or similar to another person’s registered trademark is not infringed upon the trademark right and the exclusive license by selling or keeping it for the purpose of using it for goods identical or similar to or similar to the designated goods, the trademark right holder’s trademark right was infringed upon by keeping a total of 13 16,200,000 won, such as the clothing, etc. on which the trademark is attached, on November 13, 2013.

Summary of Evidence

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

1. Records of seizure and the list of seizure;

1. An appraisal opinion;

1. The original trademark register;

1. Data for computing the price of the authentic goods;

1. Application of field control photographs, documentary evidence collection photographs and Acts and subordinate statutes;

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

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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