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(영문) 울산지방법원 2019.01.31 2018고정1015
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

At around 14:20 on August 10, 2018, the Defendant infringed on the victims’ trademark rights by displaying and selling 41 mobile phone cases with a trademark identical or similar to the trademark registered as E in the Korean Intellectual Property Office, 17 mobile phone case cases with a trademark attached by the victim D, which is identical or similar to the trademark registered as E in the Korean Intellectual Property Office, and 16 mobile phone cases with a trademark registered as F in the Korean Intellectual Property Office, and 16 mobile phone cases with a trademark identical or similar to the trademark registered as F in the Korean Intellectual Property Office.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Reports on internal investigation, photographs and photographs of articles seized;

1. Application of Acts and subordinate statutes to data confirming trademark registration numbers;

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and each of the choice of punishment;

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 236(1) of the Trademark Act that is confiscated;

1. In full view of the facts that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order led to the crime committed in the course of running a small-scale self-employed business, that the defendant's acquisition of profits is not large, that counterfeit goods are confiscated, and that the defendant has no criminal record of the same kind, the fine for the summary order is somewhat excessive.

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