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(영문) 대구지방법원 김천지원 2015.05.08 2015고정157
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is indicated, for the purpose of transfer or delivery.

Nevertheless, at around 16:10 on February 5, 2015, the Defendant infringed the trademark rights of the victims by displaying and possessing a trademark similar to the trademark "boomk" (No. 0638534) which is similar to the trademark "boomk," which was registered as designated goods by the victim, who is the trademark holder of the trademark right, on the street located in front of the Guro-si B building on February 5, 2015 (No. 0857295), for the purpose of sale, the trademark right of the victims was infringed by displaying and possessing a trademark similar to the trademark "culp" (No. 0857295), which is similar to the trademark "culp" (No. 0857295), which is the victim of the trademark right, as the designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the Trademark Register, such as a report on investigation (in cases of attaching a on-site photograph), nine copies of site photograph, investigation report (in cases of attaching a trademark register, etc.), statement of opinion of appraisal

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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