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(영문) 대구지방법원 김천지원 2015.01.16 2014고정709
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is indicated, for the purpose of transfer or delivery.

Nevertheless, at around 16:40 on October 3, 2014, the Defendant: (a) displayed a product equivalent to KRW 12,100,000 on the market price of 12,10,000, such as an oral 12,100,000, using a trademark similar to the trademark of “LOUS VITITN” as the designated product in the “C” store for the Defendant’s operation of the Defendant, which is the owner of the trademark of 18, the Defendant infringed the victim’s trademark by displaying the product with a trademark similar to the trademark of “GUCC” as the designated product.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (including submission of trademark register);

1. Article 93 of the Trademark Act and Article 93 of the same Act regarding criminal facts and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (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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