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(영문) 대전지방법원 서산지원 2014.11.20 2014고정93
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a garment shop.

At around 13:00 on November 20, 2013, the Defendant infringed on the Defendant’s trademark right by using the trademark (NEPA), which is a trademark registered with the Korean Intellectual Property Office on the street in front of D in the C market located in the Si of Sinjin-si, and the trademark right of others by stealing the trademark (THE NES NTRH FACE) that is similar to the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records of seizure and the list of seizure;

1. Original trademark registration register;

1. Application of statutes on site photographs;

1. Article 93 of the Trademark Act and Article 93 of the same Act concerning criminal facts and the choice of fines;

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

1. Articles 70 (1) 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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant committed the instant crime again even though he/she had been punished several times for the same kind of crime, and all the sentencing conditions shown in the records and arguments of the instant case are determined by comprehensively taking account of all the sentencing

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