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(영문) 광주지방법원 2016.12.15 2016고정1491
상표법위반
Text

Defendant shall be punished by a fine of KRW 500,000 ($100,000), and if the fine is not paid, KRW 100,000 ($10,000) shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells women's clothes and malicious books with the trade name "D" on the Internet at his own house located in Gwangju Northern-gu C.

On May 13, 2016, no one may infringe another person's registered trademark right, but the defendant, on his Internet Bloves E, shall be designated as designated goods of Chapters 035 and 14, thereby infringing on the trademark right holder's trademark right by advertising in order to spread and sell the hand-to-day advertising with a trademark similar to a tank, which is arbitrarily attached to the Korean Intellectual Property Office, registered as a trademark under Articles 0086523 and 0154604, at the Korean Intellectual Property Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect of the police accused;

1. A complaint, a written statement, a copy of the trademark register, a copy of the Internet bulletin [the defendant merely posted a copy of the photo, etc. in other places for publicity purposes, without the purpose of sale, and in fact did not possess such a product. However, in light of the text published with the product, it is reasonable to view that the document was published for sale at least as it appears that there was a sales inquiry in light of the content of the comments comments posted, and that the document was published for sales purposes. Accordingly, the defendant's assertion cannot be accepted].

1. Article 93 of the former Trademark Act (Law No. 13848) on criminal facts

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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