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(영문) 수원지방법원 평택지원 2014.05.15 2014고정168
상표법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a street store.

No person shall possess goods identical with or similar to the designated goods on which another person’s registered trademark or any other trademark similar thereto is used for the purpose of transferring or delivering them.

Nevertheless, at around 15:15 on January 27, 2014, the Defendant: (a) set up a bags in front of Pyeongtaek-si B; (b) set up a victim Lamb Co., Ltd., registered with the Korean Intellectual Property Office under Article 0380952, 18, 16, and 100,000,000 won, which are similar to the trademark registered with the Korean Intellectual Property Office under Article 035624; and (c) the victim Lb Co., Ltd., registered with the Korean Intellectual Property Office under Article 035624; and (d) on January 27, 2014, the Defendant kept 30,000,000 won, which are similar to the trademark registered with the Korean Intellectual Property Office under Article 0417383 of the Korean Intellectual Property Office; and (d) registered with the Korean Intellectual Property Office for the purpose of 05,030,030.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D and E;

1. Each original trademark register;

1. Application of seizure records and list statutes;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although the criminal liability of the defendant who again committed the instant crime even though he/she had the same criminal records as the sentencing reason of Article 334(1) of the Criminal Procedure Act, the punishment of the defendant who committed the instant crime is not minor, the fact that the defendant is recognized as committing the instant crime is divided. The sales process and place of the goods infringing on the trademark right, the health condition and family relationship, age

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