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(영문) 서울중앙지방법원 2016.09.20 2016고정1846
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 25, 2016, around 02:10, the Defendant infringed on the above trademark right by keeping the registered trademark of “B”, which is the victim’s “B shop No. 16 of Jung-gu Seoul, Jung-gu, Seoul, 2016, for the purpose of selling the total number of forged clothing of the same or similar shape as “Gu sludge (registration number: 0066629)”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Scenic photographs;

1. An appraisal opinion;

1. Application of Acts and subordinate statutes to copies of the trademark registration ledger;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 97-2 (1) of the former 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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