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(영문) 대전지방법원 2016.09.09 2016고정697
상표법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who registers a business operator and registers a communications sales business in the name of family head office B, and operates a fourber B-C (C).

No one shall indicate a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods or on the packaging of goods (hereinafter referred to as "goods, etc.") or transfer or deliver such trademark by selling goods, etc. marked thereon.

However, from July 3, 2015 to December 24, 2012, the Defendant sold 14 points on 13 occasions, such as the attached list of crimes (registration number: No. 201241, the trademark right holder: D's poppy poppy, the trademark registration number (No. 100463, the trademark right holder's registration number: No. 10463, the trademark right holder's registration number of 37, the trademark right holder's registration number of 97, the trademark right holder's registration number of 97, the trademark right holder's registration number of 97, the registration number of 39:0, the owner of the trademark right, the registration number of 107, the registration number of 1063, the registration number of 100, the registration number of 300, the registration number of 37:00, the owner of the trademark right, the registration number of 37:00, the owner of the trademark right.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of the dispatch of charge books, NAV tables publications, pictures, photographs, and door-to-doors ( January 15, - 16.2);

1. Investigation report (specific sales details);

1. Application of Acts and subordinate statutes of the original register for trademark registration;

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016), the choice of fines for criminal facts

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is to sell forged goods via the Internet.

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