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(영문) 서울중앙지방법원 2017.10.11 2017고정2201
상표법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From June 2016, the Defendant is a person who works as an employee at a malicious shop in the name of “D” in which he/she sells the key, saliva, saliva, saliva, saliva, saliva, and aliva located in Jongno-gu Seoul Metropolitan Area C Underground Commercial Building A. 30.

No person shall infringe on the trademark right or exclusive use right of a trademark holder by delivering, selling, forging, forging, or possessing such trademark for the purpose of using or making another person use the same or similar trademark as the designated goods or goods similar to the designated goods.

Nevertheless, at around 13:54 on June 15, 2017, the Defendant infringed the trademark right holder’s right to use a trademark, such as displaying 42 percentage 42 of the fake Round purchased from a person who was not his/her name, in the store display room, and displaying it for sale to many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of E;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 236(1) of the Trademark Act that is confiscated;

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

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