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(영문) 서울중앙지방법원 2014.10.23 2014고정4546
상표법위반
Text

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

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

Reasons

Punishment of the crime

On July 29, 2014, around 14:42, the Defendant infringed upon the trademark rights of the trademark holder by possessing, respectively, the portion of the total of 255 points (a total of 3,187,500 won) of the letter of lines bearing a forged trademark (a total of 3,187,500 won) as shown in the attached crime list, including 65 points (a total of 812,500 won) of the letter of lines bearing a trademark E (trademark No. 12,50 won), which is the registered trademark E (trademark No. 1) of the trademark right holder D, in the Jongno-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Police seizure records;

1. Crafic photographs and liquidation photographs of seized objects;

1. Application of Acts and subordinate statutes to the estimated price of authentic goods, appraisal opinion, and price list of authentic goods, and each original trademark register;

1. Relevant provisions of the Trademark Act and the choice of punishment concerning facts constituting an offense. Article 93 (Selection of Fine)

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. Articles 97-2 (1) and 93 of the Trademark Act that are subject to forfeiture;

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