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(영문) 서울남부지방법원 2015.10.23 2015고정1865
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall possess, for the purpose of transfer or delivery, any goods identical with or similar to the designated goods on which another person's registered trademark or a trademark similar thereto is marked, without legitimate authority for use.

Nevertheless, around March 30, 2015, the Defendant: (a) possessed 22 boxes indicating the trademark “luorgor” registered by the Korean Intellectual Property Office Article 018012 on the road of Yeongdeungpo-gu Seoul Metropolitan Government as designated goods by the owner of the trademark right; and (b) infringed on the trademark right by possessing 60 combined 11 trademarks in order to sell the total of 11 trademarks, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A letter of appraisal of seized articles;

1. Application of the statutes of the original trademark register;

1. Article 93 of the Trademark Act and Article 93 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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