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(영문) 부산지방법원 2015.09.10 2015고단3572
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant operated the “componment store”.

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

Nevertheless, at around 14:20 on May 20, 2015, the Defendant infringed on the trademark of the Copic KY YAK, 0380952), black field (BLAK YAK, 080952), and yellow field (DESCNE, 0840288) at the clothing street store operated by the Defendant in front of Busan, Jung-gu, Busan, and around 14:20 on May 20, 2015, each of the trademarks of the Defendant infringed on the trademark of the Copic K YK YAK, 0380952), cropick (DESCNE, 04028).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law of seizure records and investigation reports (No. 6,8)

1. Article 93 of the Trademark Act as to facts constituting an offense (limited to each registered trademark);

1. Articles 40 and 50 (Mutual Violation of the Trademark Act) of the Commercial Competition Act;

1. Selection of a selective fine for punishment (the person has been sentenced to a fine of KRW 500,00 for the same type of crime, but is led to confession, motive for the crime, scale of the crime, etc.);

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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