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(영문) 수원지방법원 여주지원 2014.04.25 2014고정131
상표법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 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, the defendant, together with B, gathered that he received and delivered counterfeit goods sold by B through Internet shopping mall C in China to domestic buyers, and received KRW 10,000 per case as delivery expenses.

On December 13, 2011, the Defendant: (a) delivered the processed goods of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City through the above shopping mall to E using a trademark similar to the trademark “LOUIS VITON” registered by the Defendant; (b) and (c) possessed 13,408,000 won (a total market value of 140,679,50 won (a total market value of 140,679,50 won) of the forged goods of KRW 95; (d) around August 21, 2013, the Defendant used a trademark similar to the trademark “LOUIS VITON” to E; and (e) possessed the forged goods of KRW 13,408,00 (a total market value of 140,679,500) as indicated in the attached Table 2; and (e) possessed the forged goods of KRW 285,2885,208.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (the result of appraisal of forged goods);

1. Relevant Article 93 of the Trademark Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

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. Articles 97-2 (1) and 93 of the Trademark Act that are subject to forfeiture;

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