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(영문) 서울중앙지방법원 2016.10.06 2016고정2745
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a store store with the trade name “C” in Seoul Jung-gu B and 83.

No person shall infringe on a trademark right or an exclusive license by an act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used, for transfer or delivery.

Nevertheless, at around 11:45 on March 26, 2016, the Defendant infringed on the trademark rights of the said trademark right holder by carrying 31 points, 5 points, 4 points on which a trademark registered with the Korean Intellectual Property Office (trademark registration number No. 030235) is attached, which is identical or similar to a trademark registered with the Korean Intellectual Property Office (trademark number No. 042162), and 3 points on which a trademark identical or similar to a trademark registered with the Korean Intellectual Property Office (trademark number No. 042162) is attached to the trademark registered with the Korean Intellectual Property Office; and 4 points on which a trademark registered with the Korean Intellectual Property Office (trademark number No. 0350206) is attached to the trademark registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Defendant's legal statement;

1. Special control report on counterfeit goods;

1. Records of seizure and the list of seizure;

1. A letter of check on seized articles;

1. Application of the statutes of the original trademark register;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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 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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