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(영문) 서울중앙지방법원 2015.12.17 2015고정271
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is a person who sells women's clothes, shoess, etc. while operating the Internet Baber Blouse.

The Defendant, from January 2, 2014 to November 24, 2014, from the Defendant’s house located in G apartment 312 Dong 804, GONCLER without due authority, as described in the attached list of crimes, from the Defendant’s house located in GONC 312 Dong 804, to the Defendant’s house

S. P. A. “ .” is a fake steel garreclock 5, “GOLDDN PEE”, which affix the trademark identical to the trademark registered with the Korean Intellectual Property Office (trademark registration No. 1039652), registered with the Korean Intellectual Property Office.

S. R. L.C. sold the same trademark as the trademark (trademark No. 0881244) registered with the Korean Intellectual Property Office (trademark registration number No. 0888) and infringed on the trademark rights of the trademark owner by selling fakes or news.

Summary of Evidence

1. Defendant's legal statement;

1. Sales certificate of counterfeit goods;

1. Application of Acts and subordinate statutes to investigation reports (whether fixed goods and appraisal values), investigation reports (trademark register), investigation reports (Report on calculation of prices of fixed goods) and investigation reports;

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

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