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(영문) 서울중앙지방법원 2015.05.21 2015고정1476
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 19, 2014, at around 17:26, the Defendant, without legitimate authority, infringed on the trademark rights of the trademark right holder by carrying 52 points (the fixed goods are KRW 651,200,000) as indicated in the attached list of crimes, such as visibility on a fake belt with the same trademark as the trademark registered with the Korean Intellectual Property Office, without any legitimate authority.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation as to whether seized goods are genuine, or a written confirmation as to the seized goods infringing on intellectual property rights;

1. Application of the statutes of the original trademark register;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Although the goods indicated in the list of crimes attached to confiscation are subject to the necessary confiscation stipulated in Article 97-2(1) of the Trademark Act, since Article 97-2(1) of the Trademark Act is only stated in the applicable law column of the summary order of this case and there is no indication of the confiscation in the main sentence and the incidental disposition column, and only the defendant requested formal trial against the summary order of this case, the confiscation is not ordered in accordance with the principle of prohibition of disadvantageous changes stipulated in Article 457-2 of the Criminal Procedure Act.

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

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