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(영문) 울산지방법원 2016.10.20 2016고정776
상표법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On March 7, 2016, at around 10:00 - 16:30, the Defendant, in Ulsan-gun B, displayed and stored a female-use store with a trademark of the same shape as the trademark of the “luxin” of the Italian goods in the front of C, and three wallets for sale to unspecified customers, thereby infringing the trademark right of the said company.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure and the list of seizure;

1. The original trademark register;

1. On-site photographs [the defendant alleged to the effect that he did not have intention, but in light of the type and display condition of the goods as indicated in the on-site photographs (27 pages of investigation records), it is reasonable to view that the defendant was aware that at least the defendant infringed trademark rights, and the above assertion is not acceptable] of the law.

1. Article 93 of the Trademark Act concerning criminal facts;

1. Selection of fines;

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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