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(영문) 서울중앙지방법원 2017.01.25 2016고정3889
상표법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who sells a bank in a shopping mall No. 84 on the first floor in Seoul Central and Medium Business Center.

No one shall deliver, sell, forge, imitate or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 17:00 on August 12, 2016, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office, by displaying and keeping for sale a total of 16 points of the bags on which a trademark identical or similar to another person’s registered trademark is marked or attached to goods identical or similar to the designated goods, such as the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to each photograph and appraisal opinion;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and Article 93 of the same Act regarding criminal facts and the selection of fines

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

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

1. Article 97-2 (1) of the former Trademark Act that has been confiscated;

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

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