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(영문) 서울중앙지방법원 2014.07.17 2014고정2946
상표법위반
Text

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

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

Reasons

Punishment of the crime

On April 29, 2014, around 17:50 on April 29, 2014, the Defendant infringed on the trademark rights of the trademark holder by displaying for sale 665 points at the end of 665 points on which the trademark holder’s fake trademark is attached, as shown in the attached list of crimes, the Defendant displayed for sale the fake powder with the same trademark as the trademark “(trademark registration number: 0479195)” on the horse belt of the trademark holder.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Copy of the opinion of appraisal, and the original trademark register;

1. Application of Acts and subordinate statutes to photographs and seized objects of control;

1. Article 93 of the Trademark Act regarding facts constituting an offense and Article 93 of the relevant Act regarding the selection of punishment;

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

1. Articles 70 (1) 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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