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(영문) 서울중앙지방법원 2013.07.18 2013고정2979
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells the revenue bags in the C-1 A-B-E store in Seocho-gu Seoul Metropolitan Government.

No trademark identical with the registered trademark of another person shall be infringed on the trademark right and exclusive license by using a trademark identical with or similar to the designated goods of another person, or by possessing for the purpose of transferring or delivering goods identical with or similar to the designated goods bearing the registered trademark of another person

Nevertheless, on March 29, 2013, the Defendant violated another person’s trademark right registered with the Korean Intellectual Property Office, by using 19 points of another person’s trademark as a registered trademark at the above business establishment without permission, such as Lobrogate, and possessing it for sale or sale.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to seized articles and photographic materials;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

1. Articles 70 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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