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(영문) 서울중앙지방법원 2017.02.09 2016고단9335
상표법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 28, 2016, around 01:00, the Defendant infringed on the trademark rights of each of the trademark holders, by keeping a forged trademark mark identical or similar to “chro nz (registration number: No. 0030616),” which is a trademark registration trademark of “chro nz LWC” in Seoul, Jung-gu, Seoul, for the purpose of selling a total of 6,091 marks of a well-known trademark, such as the one indicated in the list of crimes in the separate sheet of crimes, including a cap 2,560, on the one hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Scenic photographs;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the original register of trademark service registration;

1. Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding facts constituting an offense and Article 93 of the final Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016);

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 97-2 (1) of the former Trademark Act is more than one.

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