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(영문) 의정부지방법원 2020.12.10 2020고정1461
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No trademark identical or similar to the registered trademark of another person shall be used on goods identical or similar to the designated goods.

The Defendant, from February 20, to March 2020, operated B in the French site, from February 2020 to March 202, 3, 202, posted a notice on the sales of fake Eyp, etc., where “C” attached or stolen a trademark identical or similar to the trademark (registration number D) registered with the Korean Intellectual Property Office (hereinafter “C”), and sold (the fixed price: 104,250,000 won) through B’s trade name as shown in the attached list of crimes (1).

In addition, at around 12:54 March 19, 2020, the Defendant, without any justifiable title, possessed three fake J J bs (value: 24,00,000 won) that attached or stolen a trademark identical or similar to the trademark (registration number: I) registered with the Korean Intellectual Property Office, for sale purposes, at G stores located in Namyang-si F, Namyang-si.

Accordingly, the Defendant infringed the trademark right of the above trademark right holder as above.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A copy of the national examination;

1. A written appraisal;

1. The original trademark register;

1. An investigation report (voluntary submission of forged goods), confirmation of the location of the B site site, seizure report, etc., and on-site photographs;

1. The price of a report on investigation, a reply, and a fixed article;

1. Application of Acts and subordinate statutes to investigation reports (report on the submission of details of sales), submission of details of sales, adjustment of details of sales, and door-to-door photographs (No. 14 through 17) submitted by the reporter;

1. Article 230 of the Trademark Act and Article 230 of the same Act concerning criminal facts and the choice of fines;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the quantity of the article with a forged trademark sold or possessed by the defendant for the purpose of

However, all the facts charged by the defendant of this case are late.

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