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(영문) 대구지방법원 2016.03.18 2016고정153
상표법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall use any trademark identical with or similar to another person's registered trademark on goods identical with or similar to the designated goods, and deliver, sell, forge, imitate, or possess such trademark for the purpose of using or making another person use it.

At around 13:55 on December 11, 2015, the Defendant, at around 13:30235, 023194, and 042694, stored in the Korean Intellectual Property Office a trademark registration number of the said trademark in order to sell fluorous fluor, a trademark with a trademark similar to the design of the trademark (LOIS VITN) registered in the Korean Intellectual Property Office as the trademark registration number No. 030235, 023194, and 0426944, thereby infringing the trademark right of the said trademark.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Original register of trademark registration;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 93 of the relevant Act on criminal facts and Article 93 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 92-2 (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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