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(영문) 서울중앙지방법원 2020.11.19 2020고정1468
상표법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who engages in sales business, such as import clothes, in the trade name of Jongno-gu Seoul Metropolitan Government B apartment C.

At around 12:10 on April 24, 2020, the Defendant displayed 13 products in total for sale, as indicated in the attached list of crimes, such as one clock attached with a forged trademark identical or similar to “F (trademark registration number: G)” which is the registered trademark of “E”, a trademark right holder, as indicated in the attached list of crimes.

Accordingly, the Defendant committed an act of possessing goods identical or similar to the designated goods, on which another person’s registered trademark or other similar trademark is used, to transfer or deliver them, thereby infringing on the trademark rights of all seven trademark owners.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Police seizure records;

1. Reports on internal investigation (related to attachment of photographs of seized articles), investigation reports (related to attachment to the trademark register), investigation reports (trademark register attachment), investigation reports (related to the suspect's identical power);

1. Application of Acts and subordinate statutes to the original trademark register;

1. Article 230 of the Trademark Act (exclusive of each registered trademark, and choice of fines) concerning facts constituting an offense and Article 230 of the relevant Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 236(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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