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(영문) 부산지방법원 2018.05.15 2018고정291
상표법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operated the Internet shopping mall B.

No person shall carry, without legitimate authority, any goods identical with or similar to designated goods on which another person's registered trademark or a trademark similar thereto is marked, for the purpose of transfer or delivery.

Nevertheless, during the operation of the above shopping mall, the Defendant sold 714 points in total (33,259,200 won in total) of the goods bearing a forged trademark as indicated in the attached list of crimes, such as wallets with a trademark registration number identical or similar to the trademark registration number No. 0070352, which is registered in the Korean Intellectual Property Office as designated goods at the time of the Italian Orala Guide, during the period from May 13, 2017 to August 28, 2017, and infringed the trademark right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an appraisal statement, sales details, investigation report (whether a trademark is registered or not);

1. Relevant Article of the Act and Article 230 of the Trademark Act regarding criminal facts (Selection of penalty)

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

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