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(영문) 서울북부지방법원 2018.04.19 2018고정28
상표법위반
Text

Defendant shall be punished by a fine of 1.5 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 room with the trade name “D” from Dobong-gu Seoul Metropolitan Government C and the first floor.

No trademark right of a trademark holder shall be infringed on, such as selling a trademark identical or similar to another person's registered trademark at wholesale or retail without the consent of the trademark right holder for the purpose of use in goods identical or similar to the designated goods.

Nevertheless, around August 17, 2017, the Defendant purchased a mark similar to the trademark of “CATRIER” from a non-standing person and possessed the trademark of the trademark right holder for the purpose of sale to many unspecified persons after purchasing from a non-standing person one mark (6,200,000 won) attached with a trademark similar to the trademark of “BUALGRI” and “BUGRI” on the counter-site (2) in which a trademark similar to the trademark of “CATRIER” is attached to a foreign famous trademark registered with the Korean Intellectual Property Office of the Republic of Korea (CATRIER).

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol of seizure and a list of seizure;

1. The original register of each trademark registration, and the unit price list for each product;

1. Application of the Acts and subordinate statutes to seized articles photographs and control scene photographs;

1. Relevant Article of the Act and Article 230 of the Trademark Act regarding criminal facts (Selection of penalty)

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

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

1. Article 236(1) of the Trademark Act that is confiscated;

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

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