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(영문) 울산지방법원 2016.05.26 2016고정350
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates clothes miscellaneous points under the trade name “C” in Ulsan-gu, Ulsan-gu.

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

Nevertheless, around January 12, 2016, the Defendant infringed another person’s trademark right or exclusive use right by carrying three points in handbags of identical trademarks (registration No. 030235) registered with the Korean Intellectual Property Office (registration No. 030235) and two points in handbags of the same trademark registered with the Korean Intellectual Property Office on December 26, 1995, which are identical to those of the trademark registered with the Korean Intellectual Property Office (registration No. 023194).

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The original register of each trademark;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant Article of the Act and Article 93 of the Trademark Act regarding facts constituting an offense (Optional to a punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

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

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