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(영문) 부산지방법원 2020.03.27 2019고정1445 (2)
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a clothing store in front of the “C” in Busan Jung-gu.

On August 30, 2019, around 20:50, the Defendant: (a) placed a trademark identical or similar to the F, which is identical or similar to the F, “F” trademark registered as D in front of the “C” at the Korean Intellectual Property Office (E); (b) placed in the Korean Intellectual Property Office, and attached the trademark identical or similar to the G, “I” trademark at the Korean Intellectual Property Office (H: 1); and (c) placed in the Korean Intellectual Property Office with a total number of five points, such as clothes (a white half-wheeled one) attached with the trademark identical or similar to the L “L” trademark at the Korean Intellectual Property Office (K), and infringed the trademark right or exclusive license of the said owner of the trademark, by keeping them for sale without the authority of the Korean Intellectual Property Office, such as clothes (a white half-wheeled one) attached with the trademark identical or similar to the J-registered trademark at

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a seizure protocol, seizure list, investigation report (including confirmation of the trademark registration number and forwarding document, accompanying materials);

1. Article 230 of the Trademark Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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