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(영문) 춘천지방법원 2016.04.07 2016고정81
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 is a person who operates "C" in Chuncheon City B.

On September 15, 2015, in order to sell to the general public at the above store, the Defendant displayed 9 points for the purpose of sale for female use, which was forged and affixed a trademark on the victim Lobro le belt (trademark registration No. 0118012, 030235, 0472496), and infringed the trademark right of the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of seizure records and list statutes;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake in depth; (b) the Defendant has no record of being punished for the same kind of crime; and (c) there is no record of criminal punishment except for a fine imposed once due to the violation of the Industrial Safety and Health Act; and (d) the Defendant appears to have weak awareness of the illegality of the instant act; and (c) other factors such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence leading to the instant act; (d) the circumstances after the commission of the instant act; and (e) the records and changes of the instant case, and (e) the punishment as ordered.

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