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(영문) 부산지방법원 2012.06.21 2012고정2424
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

The Defendant: (a) operated the Internet shopping mall “C” in Busan Jin-gu, Busan; (b) sold one set of 1 set of bags, including accelerator clocks, forged on June 16, 2009; and (c) from that time until February 10, 2012, the Defendant sold the trademark to the Korean Intellectual Property Office via 285 times in total; (d) registered the trademark with registration number No. 026555, No. 02655, No. 015, No. 015407; (e) registered the trademark with registration number No. 0128050; (e) registered the trademark with registration number No. 0128050; (e) registered the trademark with registration number No. 2823805; and (e) registered the trademark with the registration number No. 25745,754,754,000 for the purpose of selling the trademark with the registration number No.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of seizure and photographs of the articles of seizure;

1. Investigative Report (First Instance), - C Sales Forgery's original part, photograph of a bags, and details of sales of counterfeit goods C;

1. Application of C Internet shopping mall output, C-sale counterfeited products photographs, copy of the trademark register, reply to selling prices of advanced products, and e-mail statutes;

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

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