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(영문) 부산지방법원 2016.05.25 2016고정1175
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant operates clothing miscellaneous points in the trade name of Busan East-gu B2nd floor "C".

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, at around 17:40 on October 20, 2015, the Defendant: (a) from the French “C” Miscellaneous point of “C”, the Defendant: (b) carried 7 g processed gluorous goods in the name of the household gluor, which imitated the household glus of LV pattern (Monog) that is identical and similar to the LV pattern registered with the Korean Intellectual Property Office as trademark No. 030235; and (c) possessed the trademark infringement by displaying and selling the household glus of the processed glus of glus in the above store, as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to police seizure records, list of seizure (attached photographs and register of trademark registration);

1. Relevant legal provisions concerning facts constituting an offense and Article 93 of the Trademark Act (a comprehensive selection of fines, etc.);

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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