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(영문) 인천지방법원 2016.09.30 2016고정750
상표법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant sells relief clothes and bags with “D” in Bupyeong-gu Incheon Metropolitan City.

No person shall use a trademark identical with another person's registered trademark on goods similar to the designated goods or use a trademark similar to another person's registered trademark on goods identical with or similar to the designated goods.

Nevertheless, on September 10, 2015, at around 16:30 on September 10, 2015, the Defendant displayed and stored 8 pages (10,000 won) in the same shape as a well-known trademark registered with the Korean Intellectual Property Office (Patent Office No. 023194, No. 030235, Sept. 19, 201), which is a well-known trademark registered with the Korean Intellectual Property Office, for sale to many unspecified customers, and infringed the trademark right of the trademark right holder.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of statutes on site photographs (No. 12, 13 pages 2 of investigation records);

1. Article 93 of the relevant Act on criminal facts and Article 93 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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