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(영문) 서울남부지방법원 2017.11.03 2017고단4564
상표법위반
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No trademark identical with another person's registered trademark shall be used for goods similar to the designated goods, or any trademark similar to another person's registered trademark, on goods identical with or similar to the designated goods.

Nevertheless, between March 30, 2016 and May 23, 2016, the Defendant sold to customers via an open market 11 per cent in total, as shown in attached Table 1-129 times per annum, and around February 7, 2017, the Defendant, at the office operated by the Defendant in Gangseo-gu Seoul Metropolitan Government, attached a false trademark identical or similar to the trademark “B” registered with the Korean Intellectual Property Office (trademark No. 0036271) and the 132 mobile phone market value of KRW 15,708,00,000 in the attached Table 1-129 items per annum, and around February 7, 2017, the Defendant infringed the trademark right holder’s sale of the goods by forging the above trademark right holder’s total market value of the fixed goods, such as the list No. 130 items per annum. 7,259,000.

Summary of Evidence

1. Statement by the defendant in court;

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

1. As a result of appraisal, replys, the original register of trademarks (BEATS-related Acts and subordinate statutes);

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”) regarding criminal facts and Article 93 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”).

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

1. Article 97-2 (1) of the former Trademark Act that has been confiscated;

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