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(영문) 서울동부지방법원 2016.03.30 2016고정124
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 28, 2015, around 21:00, the Defendant infringed on the trademark rights of the trademark right holder by holding in possession to sell bags with four brand forged trademarks attached, and 16 boxes attached, such as the bags attached to the attached list of crimes, where the trademark of the same shape as “GUCCI” (No. 0070352 of the trademark registration number) is registered of “GUCCI” (GUCC) at the front of Songpa-gu Seoul, Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (investigation into an owner of a trademark right, attachment of the original register of trademark registration), output verifying the owner of trademark right, and the original register of trademark registration;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 93 of the Trademark Act (limited to each registered trademark) and the selection of fines for criminal facts;

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 97-2 (1) of the Trademark Act that has been confiscated;

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

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