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(영문) 대구지방법원 2019.10.02 2019고정862
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The Defendant, “2019No. 862,” by accessing the Internet “B” website at a place where the place of March 2019 is unknown, posted an advertisement “C. Round Round Round, E. Round Round, 28,000 won,” on the bulletin board. The Defendant infringed the victim’s trademark right by selling the victim’s Do to the Korean Intellectual Property Office, “F, E. Ha, H Ha, H I, and Ha-style trademark registered with each trademark of H J without permission for KRW 28,00,00.

Accordingly, the defendant infringed the trademark right of the victim.

2. No person shall use a trademark similar to the registered trademark of another person on any goods identical or similar to the designated goods, in connection with the registered trademark of another person;

Nevertheless, on March 2019, the Defendant posted a letter on the sales of goods in the name of “M”, “N”, and “N”, at a place where the place is unknown, and sold and transferred the trademark registered in the Korean Intellectual Property Office’s trademark registration register, P, Q, and R, by indicating the trademark on the advertisements of the goods, and selling tts, paper, etc. bearing the said trademark.

Accordingly, the Defendant used a trademark similar to the registered trademark of another person on goods identical or similar to the designated goods, thereby infringing trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. Each trademark, service mark or trademark register, business information, and dialogue message, and infringed product photograph attached to each complaint;

1. Application of Acts and subordinate statutes to police investigation reports (Attachment, etc. of details of deposit transactions);

1. Relevant Article 230 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. The defendant is a defendant as a result of the investigation of the reason for sentencing of Article 334(1) of the Criminal Procedure Act.

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