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(영문) 서울중앙지방법원 2020.02.06 2019고정2671
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No one shall use a trademark identical or similar to a registered trademark of another person for goods identical or similar to the designated goods, or possess any goods identical or similar to the designated goods bearing the registered trademark of another person or any other trademark similar thereto for the purpose of transferring or transferring such trademark.

1. On April 29, 2019, the Defendant: (a) around April 29, 2019, at the street store run by the Defendant near the Chigh School located in Jung-gu Seoul Metropolitan Government, the Defendant kept a forged trademark in the same or similar shape as D’s registered trademark (registration number E) at the street store operated by the Defendant; (b) the trademark right of the said owner was infringed by each of the above trademark rights holder by keeping the garments 5 (the fixed price of KRW 1,250,000) attached with the registered trademark of “F” (registration number G); and (c) the shape of the trademark that is identical or similar to the trademark of the trademark holder “F” for sale.

2. On June 15, 2019, around June 15, 2019, the Defendant committed the crime: (a) around 15, 2019, at the street store in the operation of Defendant at Chigh School located in Jung-gu Seoul, Seoul, the Defendant attached a forged trademark identical or similar to D’s registered trademark (registration number H); (b) 11 points of clothes (fixed goods price 2,200,000); (c) three points of clothes with a forged trademark identical or similar type identical or similar to the registered trademark (registration number J); (d) four points of clothes with a forged trademark identical or similar to or similar to D’s registered trademark (registration number L); (d) the goods with the trademark owner’s registered trademark “M” (registration number); (d) the goods with the trademark identical or similar shape attached to the trademark owner’s registered trademark (registration number); and (d) the goods with the trademark owner’s 2000 won (registration number 100,000 won); and (e) the goods with the trademark owner’s (registration number 100).

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. The photograph of the control site, the appraisal report, and the photograph of seized articles; and

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