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(영문) 서울동부지방법원 2015.08.28 2015고정783
상표법위반
Text

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

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

Reasons

Punishment of the crime

From July 2014, the Defendant operated a mobile phone case manufacturing and sales store with the trade name “C” in Seodaemun-gu Seoul from around July 2014.

1. Around July 2014, the Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act: (a) sold 64 mobile phone rinks equivalent to the market value of which is the same as “Adidas”, a trademark of “adidas”, a trademark of “adidas” widely known in the above store; and (b) sold 6,391,493 mobile phone rinks in total at the market value by September 2014, as shown in the attached list of crimes (1).

2. On October 2014, the Defendant violated the Trademark Act: (a) sold 2,840,739 won in total at the market price of a mobile phone case with the same forged trademark as “Adidas” (No. 1057546 of the trademark registration number); (b) sold 11,702,867 won in total at the market price by February 27, 2015, and around 16:00, a mobile phone case with the same type as “Adidas” (No. 1057546 of the trademark registration number) as the registered trademark of “Adidas” (the trademark registration number No. 1057546); and (c) sold a mobile phone case with the same shape as “Adidas” (the trademark registration number No. 1057546) in the above store, and (d) sold 2037,700 won in accordance with the attached list of crimes (2).

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. The police seizure record and the list of seizure;

1. Investigative report (report on the results of manufacture of mobile phone devices and sales control), control certificate, control field photograph, etc.;

1. Investigation report (report attached to the trademark register);

1. A criminal investigation report (report on calculation of criminal proceeds of a suspect and attachment of a detailed statement of sales), and a monthly sales statement from July 2014 to February 2015;

1. Detailed inquiry table for the registration of trademark rights;

1. Application of a copy of business registration certificate;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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