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(영문) 대구지방법원 2018.08.09 2018고정542
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

The Defendant is a person with the clothes of “C” in Daegu Jung-gu B District.

No person shall possess goods identical with or similar to designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

Nevertheless, on February 5, 2018, the Defendant infringed on the trademark right holder’s trademark right by displaying on the sales stand six identical or similar trademarks registered under No. 0059126, where “local city” was designated goods at the above place as designated goods and where six trademarks are attached to women, to sell to many and unspecified persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

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

1. Report on internal investigation (Attachment of photographs of seized articles);

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) that does not seem to have committed a crime under the conclusive intention of the defendant, the quantity of clothes attached with similar marks is not large, and thus, the defendant seems to have been unable to gain particular benefits, and the defendant is relatively old and is a first offender with no criminal history)

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

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