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(영문) 서울중앙지방법원 2018.12.06 2018고정1656
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells miscellaneous in a 29th floor below the building B in Jung-gu, Seoul.

No person shall use or possess for the purpose of having another person use a trademark identical or similar to the registered trademark of another person on goods identical or similar to the designated goods.

Nevertheless, the Defendant, at around 01:00 on April 10, 2018, kept three bags identical with butane (trademark registration No. 0497230) of the trademark holder for the purpose of sale, and kept three forged trademarks similar thereto, and infringed another’s trademark right registered by keeping the forged trademark for the purpose of selling a total of 14 points of the product with the trademark attached, such as the list in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of statutes to the scene photographs, written appraisal opinions, photographs of seized objects, and copies of the original register of trademark registration;

1. Article 230 of the Trademark Act concerning facts constituting an offense (including each registered trademark);

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

1. Selection of a selective fine (which shall be limited to one previous one, but shall be considered to have no previous record except that, and to reflect it);

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

1. Article 236 (1) of the Trademark Act that has been confiscated;

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

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