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(영문) 서울중앙지방법원 2016.10.12 2016고정2648
상표법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who sells liquid accounting at a store with the first floor of 68 underground in the Jung-gu Seoul Metropolitan Government.

No one shall deliver, sell, forge, forge, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, on June 2, 2016, the Defendant, at the above store around 23:20 on June 2, 2016, displayed and stored for the purpose of sale a total of 46 points on a package, on which a trademark identical or similar to another person’s registered trademark is marked and attached on goods identical or similar to the designated goods, such as the list of crimes in the attached Table, and thereby infringed another person’s trademark right registered with the Korean Intellectual

Summary of Evidence

1. Defendant's legal statement;

1. Suppression photographs;

1. Records of seizure and the list of seizure;

1. A written appraisal report;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes of a copy of trademark register;

1. Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and Article 93 of the former Trademark Act regarding criminal facts and the selection of fines for negligence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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

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