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(영문) 대구지방법원 포항지원 2016.06.15 2016고정170
상표법위반
Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence 1 to 11 shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a person who operates clothes sales store with the trade name “D” in Nam-gu, Seoul at port.

No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

Nevertheless, at around 17:00 on January 22, 2016, the Defendant violated the trademark right of the said trademark right holder by displaying for sale the 3 points for women, which were made by attaching the trademark (registration number No. 0330235, 042694, 852773, and 023194) registered by the same trademark right holder without obtaining the consent to use the trademark in the horse belt at the above clothing sales store.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the original register of each trademark registration;

1. Application of the police seizure protocol and photographic Acts and subordinate statutes;

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (to be punished by a fine, including each registered trademark);

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. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the same Act (see, e., Supreme Court Decision 2006Da1548, Apr. 2, 2006)

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

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