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(영문) 인천지방법원 2016.07.15 2016고정1433
상표법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 1, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for larceny, etc. at the Seoul Central District Court on April 1, 2016, and the above judgment was finalized on April 9, 2016.

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

Around November 17, 2015, the Defendant, a self-employed person, puts a letter "sale of cell phone case in even even 'brupted cell phone number' on the cell phone log "(LubeViton-type)". On November 24, 2015, around 13:55, the Defendant infringed the trademark rights of the above trademark right holder by selling the cell phone 280,000 won per opening of the case with the trademark of "Luuisviiton-type" (Luucle 194) of the trademark registration No. 063194 of the trademark registration No. 063, 80,000,000 won per unit.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. B written statements;

1. The original register of trademark registration and a statement of appraisal;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, results of case search, and text 1 of the judgment;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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