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(영문) 인천지방법원 2017.05.19 2017고정1021
상표법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall deliver, sell, forge, imitate, or possess a trademark identical with another person's registered trademark for the purpose of using or making another person use such trademark on goods identical with or similar to the designated goods.

Nevertheless, on September 2014, the Defendant infringed on the trademark rights of the victim company by opening a “B” Internet site similar to the “K”, which is a trademark service list (No. 0037083), registered as a used car sales brokerage business, etc. as a designated service business at a closed-end site.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in filing a complaint for the preparation of S.C.com, and in filing a mail protocol prepared C;

1. Article 93 of the relevant Act and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016) regarding criminal facts and the selection of fines for negligence

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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