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(영문) 인천지방법원 2019.05.23 2019고정731
상표법위반
Text

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

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

Reasons

Punishment of the crime

On November 1, 2018, the Defendant imported 140 points (287,00,000 won at the real product market price) of clothing with a forged trademark similar to the D “D” trademark registered by B as the trademark registration number C to the Korean Intellectual Property Office, from a French company located in China, through the Incheon Customs, and infringed the trademark right of the said trademark owner.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of forged goods and an appraisal report (appraisal of truth);

1. A written import declaration, a trademark register, a photograph of illegal goods, and a photograph of the exposed goods;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 230 of the Trademark Act and Article 230 of the same Act concerning criminal facts and the choice of fines;

1. Article 236(1) of the Trademark Act that is confiscated;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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