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(영문) 서울중앙지방법원 2017.10.25 2017고정2900
상표법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates the miscellaneous store of clothes called “C” on Gangnam-gu Seoul and the first floor.

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

Nevertheless, on April 6, 2017, the Defendant infringed on the trademark rights of the said trademark right holder by carrying the following nine points, including the trademark registration number on the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Ben the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna, the Benna

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A list of opinions on appraisal of seized articles and unit prices;

1. Application of Acts and subordinate statutes of the Trademark Registration Register;

1. Article 230 of the Trademark Act and the choice of fines, respectively, for facts constituting an offense;

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) of the Trademark Act that is confiscated;

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

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