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(영문) 부산지방법원 2016.03.15 2016고정380
상표법위반
Text

Defendant shall be punished by a fine of one 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 sells remedial food, etc. with the trade name “C” in the Geum-gu Busan Metropolitan Government B.

On November 4, 2015, at around 18:00, the Defendant displayed the designated goods to the Korean Intellectual Property Office in France “C” with the aim of selling six confluent handbababababababababababababababababababababa, similar to the trademark registered as a bank, etc. on the instant “C” operated by the Defendant. On January 21, 2016, the Defendant infringed the trademark right of the said trademark right by the Defendant’s “C” with the intent of selling the goods similar to the trademark registered as a householdbabababababababababababa, etc. on the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of evidence photographs;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

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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