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(영문) 수원지방법원 안양지원 2013.06.27 2013고정387

상표법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical with or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

1. Nevertheless, from January 201 to September 26, 2012, the Defendant displayed “GIVNCHY” on the trademark “GIVNY” registered with the Korean Intellectual Property Office under Article 0059125, and infringed on the rights of the said trademark right holder’s trademark “GIVNCHY” on the advertisement of D Internet shopping mall (E) operated by the Defendant using a computer installed in the Defendant’s home at the home of the Defendant’s 203 (Crain) during the Gyeonggi-si 203 (Cra), which is a specialized shopping mall (E) operated by the Defendant, using a computer installed in the Defendant’s home. On January 2012, 2012, the Defendant infringed the trademark right holder’s trademark “GIVNCHY” registered with the Korean Intellectual Property Office under Article 059125 at the place indicated in paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the accused;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, photographs of seized articles, each original trademark registration and each investigation report (including attached parts);

1. Article 93 of the Trademark Act regarding facts constituting an offense and Article 93 of the relevant Act regarding the selection of punishment;

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

1. Articles 70 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;