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(영문) 대구지방법원 2014.05.01 2014고정518
상표법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

Nevertheless, at around 14:00 on December 13, 2013, the Defendant displayed a fake trademark similar to the trademark (registration number No. 0486180) registered with the Korean Intellectual Property Office on the following grounds: (a) within the scope of “C” operated by the Defendant located in Daegu Northern-gu B; (b) 2, 5, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 1, 2, 200, on which the Defendant had a fake trademark attached to the Korean Intellectual Property Office (registration No. 0486180) registered with the Korean Intellectual Property Office.

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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

1. A report on investigation;

1. Application of the statutes of the original trademark register;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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. 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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