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(영문) 대구지방법원 2017.05.11 2017고정342
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, around November 21, 2016, at the Defendant’s residence located in Yongsan-si B apartment and 2 Dong 301, via “C” established by the Defendant, infringed on the trademark rights of the said trademark right holder by selling a fake Paris 1 (398,00 won at the fixed price) with the same trademark as “PARL GAES” registered with the Korean Intellectual Property Office as the trademark registration of the Republic of Korea No. 0795622, the Defendant sold D 13,00 won of the fixed price (358,000 won at the fixed price).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to inquire about photographs, deposit confirmation certificates, door-to-door photographs, trademark registration register, back-to-door Paris Rots photographs, fake Paris Paris Rots, and transaction details after capturing a seller and its details;

1. Article 230 of the relevant Act on criminal facts and Article 230 of the Trademark Act on the Selection of Punishment (Optional to Penalty);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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