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(영문) 서울동부지방법원 2013.06.14 2013고정1128
상표법위반
Text

The sentence against the accused shall be 7,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From February 2012, the Defendant: (a) from around February 2, 2012, operated a clothing store with the trade name “C” as “Seoul Yeongdeungpo-gu building 102 and 112; (b) sold clothing, shoes, etc. with a false trademark attached; (c) around February 28, 2013, the Defendant infringed on each trademark right by keeping two points (4,00,000 won at the estimated price of the product) of the total of 49 points with a false trademark attached (16,40,00,000 won at the estimated price of the product) as indicated in the attached list of crimes, which is a registered trademark of “MONCLE” (No. 037777), for the purpose of sale in the above store.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the statutes on seizure records and seizure lists, and detailed inquiry into trademark registration;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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