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(영문) 수원지방법원 2017.10.26 2017고정2096
상표법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 8, 2017, the Defendant: (a) registered the trademark registration number 0274146 on September 13, 1993 with the Korea Intellectual Property Office 20: (b) the trademark registration number 20.3.0 of the 2nd 2nd Gab 12nd Gab 100, on the 2nd Gab 2nd 100, on the 2nd Gab 12nd Gab 2nd 100; (c) registered the trademark registration number 0274146 on December 24, 2012 with the Korea Intellectual Property Office 2nd 8th Gab 1st 2nd 2nd 196, and registered the trademark registration number 0012364 on November 19, 2015 with the Korea Intellectual Property Office 2nd 30,000 Gab 1st 2nd 197.0

Accordingly, the defendant infringed the trademark rights of the above trademark right holders.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Seizure records and report (a written confirmation of appraisal and original register of trademark registration);

1. Application of Acts and subordinate statutes to a investigative report (data to cut off a notice posted on the C-site sales);

1. Article 230 of the Trademark Act applicable to facts constituting an offense. Article 230 (General Provisions regarding Registered Trademark)

1. Selection of punishment: Selection of a fine;

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

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

1. Article 236 (1) 1. of the Trademark Act:

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