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(영문) 서울중앙지방법원 2017.09.06 2017고정2051
상표법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No trademark identical or similar to another person's registered trademark shall be used for goods identical or similar to the designated goods.

Nevertheless, from December 6, 2016 to May 30, 2017, the Defendant used the trade name “B” in online shopping mall (web address:B) without a legitimate title as indicated in the list of crimes in the attached Table of crimes, and sold 549 a total of 549 fakes, such as a fake product, on which the Defendant attached or stolen a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office, to B, “B”.

Accordingly, the Defendant infringed the trademark right of the above trademark right holder as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of the statutes of the list of emotionals, the register of trademark registration, a copy of the site closure, the Kakao Stockholm closures, the details of the report on the distribution of telecommunications, and the fixed price list;

1. Article 230 of the Trademark Act and the choice of fines, respectively, for facts constituting an offense;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant reflects his mistake, the primary offender is recognized, but the scale of the crime is not small, and considering the equity in the punishment of similar cases, the amount of the fine specified in the instant summary order is excessive.

subsection (b) of this section.

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