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(영문) 의정부지방법원 2020.04.09 2020고정37
상표법위반
Text

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

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

Reasons

Punishment of the crime

No one shall deliver, sell, imitate, or possess a trademark identical or similar to another person's registered trademark for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 13:40 on October 13, 2019, the Defendant displayed and possessed the 124 punishment (the 124 punishment (the 10,636,000 won) for the purpose of selling the clothing with a forged trademark identical or similar to the registered trademark C (trademark No. D, E, and F) of the trademark right holder in the Namyang-si City B market, with the trademark attached (trademark No. 10,636,00) of the trademark right holder G (trademark No. H), the 114 punishment (the 7,660,000 won of the stuff value) for the purpose of selling the forged goods (the stuff No. 18,296,000 won) of the total 238 punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to investigation report (the result of appraisal of seized articles related to the violation of the Trademark Act), reply materials (including the result of appraisal, the original register of trademarks);

1. Article 230 of the Trademark Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act recognize the facts charged in the instant case and reflects his mistake, and the Defendant appears to have difficulty in economic circumstances as a recipient of basic living benefits (Evidence No. 76 of the Evidence Record) are favorable to

However, in light of the circumstances such as the fact that the Defendant displayed and possessed the clothing 238 punishment with a forged trademark for the purpose of selling it, the fixed value reaches the total of 18,296,000 won, and that the Defendant had a record of being sentenced to eight times of fines, the punishment of a summary order against the Defendant is not excessive.

otherwise, the age of the defendant;

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