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(영문) 서울중앙지방법원 2016.01.29 2015고정4766
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around 02:00 on September 10, 2015, at the “D” store located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant kept four pages on a fake mone, attached with the trademark identical to the trademark registered with the Korean Intellectual Property Office (No. 0497230) by the owner of the trademark right, for the purpose of sale. The Defendant kept four pages on a fake mone, attached with the trademark identical to the trademark registered with the trademark registered with the Korean Intellectual Property Office (No. 037377).

Accordingly, the defendant infringed the trademark rights of each trademark holder.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A protocol of seizure and a list of seizure;

1. A copy of an appraisal opinion, or the register of trademarks;

1. Application of Acts and subordinate statutes to photographs and seized objects of control;

1. Relevant Articles of the Act and the Trademark Act regarding facts constituting an offense. Article 93 (Selection of Fine for Negligence)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

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

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