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(영문) 광주지방법원 2020.04.23 2020고정46
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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

On November 29, 2019, the Defendant displayed 138 household items, including 12 and 46 household items on household items bearing the trademark right, and 138 household items, including 138 household items and 78 household items, on which a trademark identical or similar to the trademark attached to the Korean Intellectual Property Office (trademark registration number D) by a trademark owner, which is registered with the Korean Intellectual Property Office, at the front of the 173-ro, 173-ro, North-gu, Gwangju, North-gu, Gwangju, for the purpose of selling the trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (control details, etc.);

1. Police seizure records;

1. Application of the statutes to a copy of each patent informationnet search report;

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

1. The sentencing guidelines based on the scale of violation of the Trademark Act Article 334(1) of the Criminal Procedure Act for sentencing order and the fact that the defendant did not reach an agreement with the trademark right holder shall maintain the amount of fines determined by the summary order.

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