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(영문) 대구지방법원 2013.11.21 2013고정2565
상표법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates the clothing retail store in the trade name of "B".

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

At around 17:00 on July 10, 2013, "B" registered with the Korean Intellectual Property Office, which is a well-known trademark registered with the Korean Intellectual Property Office, sold to many and unspecified persons for the purpose of sale, and infringed on the above trademark right by selling the product price of the product, such as the attached list of crimes, where the trademark is attached, such as Boli-gu, Goded, Hemers, Boli-si, Boli-si, and local cities.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The trademark data collection;

1. Each photograph;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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