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(영문) 수원지방법원 성남지원 2012.10.30 2012고정1386
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, while working as the representative director of the enterprise called the "B" company located in Gwangju-si, Gyeonggi-do, has overall control over the production, sales, etc.

On July 1, 2010, the Defendant: (a) on the part of November 1, 2010, on the part of the injured party (the injured party); (b) on the part of the Korean Intellectual Property Office on July 1, 2010, the Defendant: (c) made a trademark registration with electric wave (limited to products with soil erosion function) as designated goods; and (d) on December 13, 2007, registered service marks with the Korean Intellectual Property Office as household sales agent, etc. as designated goods; and (d) “a trademark similar to the number (registration number 0157888)” registered with the Korean Intellectual Property Office as a trademark; and (d) thereby, infringed the trademark rights of the injured party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint, a trademark registration certificate, and a service mark registration certificate;

1. Application of each statute of the judgment;

1. Article 93 of the Trademark Act and Article 93 of the same Act regarding criminal facts and the choice of fines;

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

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

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

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