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(영문) 서울북부지방법원 2018.12.18 2018고정1696
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

No one shall use, or sell for the purpose of having another person use, a trademark identical with or similar to the registered trademark of another person on goods identical with or similar to the designated goods.

Nevertheless, around April 23, 2018, the Defendant, at the Defendant’s house located in the Gidae-si, Gyeonggi-do, worked as the clinic for “E” to the Internet D, “E”, and the Victim F Co., Ltd. sold the clothes on which a trademark identical or similar to the H’s trademark registered with the Korean Intellectual Property Office as a trademark number G and infringed the victim’s exclusive use right.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. The trademark registration ledger, appraisal statement, text message, deposit certificate, D’C’ shopping mall, financial transaction details

1. Application of each statute on photographs;

1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;

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

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

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