logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.11.29 2013고정2116
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a selling store for adult products with the trade name of “C” from the 3rd floor of Bupyeong-si, Seocheon-si.

No person shall infringe on a trademark right by an act of possessing, for the purpose of transfer or transfer, the goods identical with or similar to the designated goods bearing a trademark registered by another person or a trademark similar thereto, without any justifiable reason.

Nevertheless, on March 20, 2013, the Defendant possessed a total of 12 points (129,600 won at the market price of goods) for pre-divating donation, such as forged non-agra, etc., as indicated in the list of crimes in the attached Form.

Accordingly, on April 15, 1976, the Defendant infringed on the trademark registration of the trademark (registration number 0045361) with the Korean Intellectual Property Office (registration number 0045361).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Seizure records;

1. Investigation report (as to whether seized articles are seized), investigation report (as to the authentic value and the trademark registration register);

1. The original trademark register;

1. Application of the Acts and subordinate statutes for isolation;

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

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow