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(영문) 서울중앙지방법원 2015.03.19 2015고정421
상표법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells both horses in front of the Jung-gu Seoul Central District, Seoul.

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

Nevertheless, around 11:00 on November 23, 2014, the Defendant infringed another person’s trademark right registered with the Korean Intellectual Property Office by displaying and attaching a fake trademark, which is identical or similar to another person’s trademark, without permission, on the goods identical or similar to the designated goods, such as the list of crimes, at the front store in Jung-gu Seoul, Seoul, for sale at the street store.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. An appraisal opinion;

1. Copy of the original trademark register;

1. Application of Acts and subordinate statutes to photographs of the control site and seized objects;

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

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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