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(영문) 청주지방법원 충주지원 2014.07.16 2014고정39
상표법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The Defendant is a person who operates a “C” company in Chungcheongnam-gun B.

No one shall, without legitimate authority, deliver, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or causing another person to use such trademark on goods identical or similar

From February 10, 2012 to September 6, 2012, the Defendant infringed upon the trademark rights of the said trademark right holder by manufacturing and selling it to D companies, which had the same trademark as the trademark “Dlance” registered with the Korean Intellectual Property Office on June 26, 2001.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Each report on investigation;

1. Application of photographs, the president of each customer, and trademark registration certificates;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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