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(영문) 서울중앙지방법원 2014.12.10 2014고정5035
상표법위반
Text

Defendant shall be punished by a fine of four 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 engages in sales business in the C market No. 44 of the C market in Jung-gu, Seoul.

No trademark identical or similar to another person's registered trademark shall be delivered, sold, counterfeited, forged, or possessed for the purpose of using or making another person use it for goods identical or similar to the designated goods, and shall not be possessed for the purpose of transferring or delivering goods identical or similar to the designated goods bearing the registered trademark of another person or any

Nevertheless, at around 02:25 on August 7, 2014, the Defendant infringed upon the trademark rights of the said trademark right holder by holding and keeping for sale the total number of 234 points of the same goods as indicated in the attached list of crimes, such as forged local areas where a trademark identical or similar to the trademark of a local city ( trademark registration number 0323595) is attached, with the trademark registered at the Korean Intellectual Property Office as designated goods, such as bags, from the aforementioned “D” store as designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecution investigation report (report on confirmation of matters infringing on trademark rights);

1. Records of police seizure and list of seizure;

1. Copy of an appraisal report and the original trademark register;

1. Application of Acts and subordinate statutes to the scene photographs of crackdowns and photographs of seized objects;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

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