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(영문) 대구지방법원 2019.07.11 2019고정398
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall use any trademark similar to the registered trademark of another person on goods identical or similar to the designated goods.

Nevertheless, at around 18:50 on February 12, 2019, the Defendant displayed in the display stand a total of four marks, such as a fake one, a fake one, two, and a fake two, bearing a trademark similar to the “F” registered in the Korean Intellectual Property Office D and E, respectively, within the “C” store located in Daegu-gu, Daegu-gu, Seoul-gu, for the purpose of selling and transferring a fake product to customers.

Accordingly, the Defendant used a trademark similar to the registered trademark of another person on goods identical or similar to the designated goods, thereby infringing trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

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

1. Article 230 of the Trademark Act concerning criminal facts;

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 62 (1) of the Criminal Act (in case of a suspended sentence, the number of goods in violation of the initial crime is not several);

1. It is so decided as per Disposition on the grounds of Article 236(1) of the Trademark Act or more.

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