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(영문) 서울중앙지방법원 2020.02.25 2019고정2726
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

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

Nevertheless, at around 12:18 October 23, 2019, the Defendant infringed on the trademark right holder’s trademark right by carrying for the purpose of selling the counterfeit goods using the trademark “I” registered with the Korean Intellectual Property Office as designated goods by taking the victim’s trademark “F”, which is visible from the victim D to the Korean Intellectual Property Office as designated goods in front of the C religious organization located in Jongno-gu Seoul, Jongno-gu, Seoul, and the victim G as a trademark for the purpose of selling the counterfeit goods that stolen the trademark of “I” registered with the Korean Intellectual Property Office as designated goods.

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Application of Acts and subordinate statutes to the seized articles photograph, protocol of seizure and list of seizure;

1. Article 230 of the Trademark Act (exclusive of the registered trademark, selection of fines) concerning facts constituting an offense and the selection of punishment;

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 62 (1) of the Criminal Act of the suspended execution (the fact that the criminal conduct is led to confession and reflect, the fact that there is no record of punishment for the same crime, there is no record of punishment exceeding the fine, the number of visibility that the trademark right was infringed and attempted to be sold is not large, and there is no benefit gained by the criminal defendant due to the lack of actual sales, and all visibility that the criminal defendant intended to sell is confiscated after seizure);

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

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