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(영문) 대전지방법원 2012.12.26 2012고정2490
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

No trademark identical or similar to another person's registered trademark shall be sold or possessed for the purpose of using it for goods identical or similar to the designated goods.

Nevertheless, from around 11:00 on October 28, 2012 to 16:30 on the same day, the Defendant possessed a trademark identical or similar to another person’s registered trademark for the purpose of use in the goods identical or similar to the designated goods by using the trademark, such as the 47 clothes that stolen the trademark No. 0932759, and then displayed for sale, in order to punish the coordinates in front of the Daejeon-dong 127-8 Daejeon-dong 127-8, Daejeon-dong 127-8, Seodong-gu, Daejeon-gu, Daejeon-dong, and then put the coordinates into a simple tent, which is the other person’s registered trademark.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the Trademark Register), investigation reports (report on the quantity and error of goods seized in Spain);

1. Article 93 of the Trademark Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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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