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(영문) 인천지방법원 부천지원 2013.11.06 2013고정1615
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a clothing sales store in the name of “B”.

From around June 13, 2007 to June 13, 2013, the Defendant: (a) registered the trademark with the Korean Intellectual Property Office as a designated product “B” on the Gluglug Maglug Maglug Maglug Rog Rog Rog Rog Rog Rog Rogg Rog Rog Rog Rog Rog Rog Bagg 117, the Defendant arbitrarily marked the mark “3 (200,000 won), three (90,000 won), six (12,00 won), one (150,000 won), one (49,000 won), 1,000 won (49,000 won), 1,000 won (40,000 won) and 1,300,000 won (1.60,000 won) indicating the trademark registration with the Korean Intellectual Property Office.

Accordingly, the Defendant violated the trademark right of the trademark holder by possessing goods identical with or similar to the designated goods on which another person’s registered trademark is indicated.

Summary of Evidence

1. Defendant's legal statement;

1. A control statement of D;

1. As to the investigation report (as to the selling price of this case seized

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the Loged Trademark Register, the Burged Trademark Register;

1. Relevant Articles of the Act and Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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

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