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(영문) 광주지방법원 2020.11.19 2020고정895
상표법위반
Text

Defendant shall be punished by a fine of 1.5 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 golf products within a golf course in Jeonnam-gun B.

On June 26, 2020, the Defendant infringed on the victim H and I’s trademark rights by displaying and selling 13 marks (190,000 won per outlined market price) in which a trademark identical or similar to D’s trademark (registration number E) which was registered with the Korean Intellectual Property Office of Korea at the above store and displayed and sold 21 labels (4,50,000 won per unit market price) and F’s trademark (registration number G).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by the J;

1. The police seizure record and the list of seizure;

1. Each original trademark register;

1. The application of Acts and subordinate statutes in Chapter II of the Price Schedule of Certified Appraisers and Consolidated Goods to seized intellectual property rights;

1. Article 230 of the Trademark Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the Attraction of Detainment in Labor House and Article 70 (1) and Article 69 (2) of the Criminal Act;

1. Article 236(1) of the Trademark Act that is confiscated;

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

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