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(영문) 서울남부지방법원 2020.06.24 2020고정898
상표법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates "D" in Guro-gu Seoul Metropolitan Government building B and 1st floor C.

No one shall use a trademark identical with the registered trademark of another person for goods similar to the designated goods, or use a trademark similar to the registered trademark on goods identical with or similar to the designated goods

Nevertheless, from September 2017 to July 23, 2019, the Defendant distributed, sold, and possessed household cell phone parts (which are equivalent to 1,424,00 won at the fixed price) indicated in the attached list of crimes indicating the trademark identical or similar to the ‘H' registered as G in the F Korean Intellectual Property Office by the victim E in the F Korean Intellectual Property Office, and ‘K registered as J in the I Korean Intellectual Property Office, and ‘N registered as M in the L Korean Intellectual Property Office,” and ‘N registered as M in the L Korean Intellectual Property Office.

Accordingly, the defendant used a trademark identical or similar to the registered trademark of the victim on the cell phone, which is the designated goods, to infringe the trademark right of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Internet advertising closures (D), the original trademark register, control site photographs, and an appraisal report;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 230 (General Provisions) of the Trademark Act and the choice of fines concerning facts constituting an offense;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case, including the background, method and content of the instant crime, the duration, quantity and value of trademark infringement, the infringement period, quantity and value of trademark rights, the fact that there is no record of criminal punishment, and the fact that there is no record of criminal punishment, the punishment as ordered shall be determined by taking into account all the conditions of sentencing indicated in the arguments and records of the instant case, including the Defendant’

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