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(영문) 서울중앙지방법원 2013.11.27 2013고정4764
상표법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 16:00 on July 25, 2013, the Defendant engaged in a temporary sales business with the trade name “D” in Jung-gu, Seoul. At around 16:00, the Defendant committed an infringement of trademark rights by possessing in order to sell six bags bearing a trademark similar to the trademark “tour”, 6 bags bearing a trademark similar to “tour”, 3 bags bearing a trademark similar to “tour”, 6 bags bearing a trademark similar to “tour”, and 3 bags bearing a trademark similar to “tour”.

Summary of Evidence

1. Defendant's legal statement;

1. A report of investigation (a copy, etc. of trademark register);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 93 of the Trademark Act and Article 93 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition on the grounds of Article 97-2 (1) of the Trademark Act or more;

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