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(영문) 대구지방법원 김천지원 2016.11.22 2016고정511
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No infringement on the trademark right and exclusive license, which are possessed for the purpose of transferring or delivering goods identical with or similar to the designated goods on which another person’s registered trademark or any other similar trademark is used, shall be committed

Nevertheless, at around 11:30 on June 22, 2016, the Defendant possessed the clothing of 6,56 points to sell to many unspecified persons, such as the attached list of crimes, in which the victim's interest in the C market is identical to the shape registered with the trademark registration number No. 079096, in the Korean Intellectual Property Office on June 3, 2009, and where the victim's interest in the C market is in the same manner as the trademark registration number No. 079096, the Defendant infringed the trademark right and the exclusive license of each victim by possessing the clothing of 6,56 points in total as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on internal investigation by the police (Attachment, etc. of the trademark register and an appraisal report);

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

1. A report on the appraisal of seized intellectual property rights;

1. A copy of the trademark registration register (No. 079096 - Coups, 0084081 - Number of trademark registration, 084081 - Number of trademark registration, 0840288 - feet);

1. Application of the Acts and subordinate statutes to photographs at enforcement sites;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for detention in a workhouse;

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

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