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(영문) 부산지방법원 동부지원 2016.06.13 2016고정470
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

The defendant is a person who sells clothing, miscellaneous, etc. at the "C" store in Suwon-gu, Busan.

At around 15:30 on December 1, 2015, the Defendant infringed the Defendant’s trademark right by displaying the two parts identical to the trademark registered with the Korean Intellectual Property Office No. 023194 as designated goods on December 16, 1991, on the part of the victim LOUS VUTON MALEIER APARS on the part of the victim’s backline in the above “C” store.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A copy of the original register of trademark registration (No. 030235, 023194);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 93 of the relevant Act on criminal facts and Article 93 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

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

1. Confiscation of trademark rights under Article 97-2 of the Trademark Act;

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

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