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(영문) 서울중앙지방법원 2014.11.26 2014고정4550
상표법위반
Text

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

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

Reasons

Punishment of the crime

No act of delivery, sale, fabrication, conspiracy, or possession of a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use it on goods identical or similar to the designated goods

Nevertheless, around 00 00:30 on July 20, 2014, the Defendant held, without legitimate authority, the key to fake matter bearing the trademark identical to the trademark registered with the Korean Intellectual Property Office at the front of the Jung-gu Seoul Central Police Agency 45 Seoul Central Police Agency (Seoul Central Police Agency) for the purpose of selling a total of 42 points, i.e., the key to fake matter bearing the trademark, such as the attached list of crimes.

Accordingly, the Defendant infringed the trademark right of the above trademark right holder as above.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Copy of the opinion of appraisal, and the original trademark register;

1. Application of Acts and subordinate statutes to the scene photographs of crackdowns and photographs of seized objects;

1. Article 93 of the Trademark Act applicable to facts constituting an offense;

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

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

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