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(영문) 부산지방법원 2013.07.18 2012고정4932
상표법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, while operating a store with the trade name “C” in the Jung-gu, Busan Metropolitan City, did not commit an act of delivering, selling, forging, forging, or possessing a trademark identical or similar to another person’s registered trademark on goods identical or similar to the designated goods, but on July 17, 2012, at around 14:00, “C” in the Jung-gu, Busan Metropolitan City, for the purpose of selling to many and unspecified persons who have discovered a foreign-registered product for the purpose of selling, the Defendant: (a) was registered as a trademark infringement crime as the trademark of the Defendant’s “C” and the designated goods, such as the “C sales store” and the “C”, a foreign-registered foreign-registered product for the purpose of selling to the general public.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Responses to requests for appraisal, such as whether trademark rights are infringed, and each original trademark register;

1. A report on investigation;

1. Previous conviction: Case search and application of Acts and subordinate statutes;

1. Article 93 of the Trademark Act as to facts constituting an offense (excluding each of the registered trademarks);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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