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(영문) 부산지방법원 2013.08.16 2013고정2854
상표법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a female uniform store in the Geum-gu Busan Metropolitan Government B.

No trademark identical with the registered trademark of another person shall be infringed on the trademark right and exclusive license by using a trademark identical with or similar to the designated goods of another person, or by possessing for the purpose of transferring or delivering goods identical with or similar to the designated goods bearing the registered trademark of another person

Nevertheless, at around 15:00 on November 20, 2012, the Defendant possessed a total of 22 counterfeit goods, such as fake bags, for the purpose of selling them, and infringed upon the trademark rights of others duly registered.

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 field photographs and photographs of seized articles;

1. Article 93 of the Trademark Act as to facts constituting an offense (excluding each of the registered trademarks);

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 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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