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(영문) 대구지방법원 경주지원 2016.05.11 2016고정41
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant shall engage in the relief and sale business at a store which suffers from C-official signboards in racing-si, which are located in B.

On November 12, 2015, around 15:45, the Defendant infringed on the trademark right holder’s trademark right by selling to many and unspecified persons, for the purpose of selling Handbags for women who have attached the trademark (trademark registration number: No. 023194) and 14 points for handbags for women who have attached the trademark, and 5 points for handbags for women’s use.

Summary of Evidence

1. Statement by the defendant in court;

1. Register and photographs of trademark registration;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning criminal facts and Article 93 of the elective Trademark Act (the punishment shall be determined as per Disposition in light of all the circumstances revealed in the records, such as the selection of punishment, the fact that the defendant has no particular criminal history, and the degree of profits acquired by the defendant through the sale of goods);

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

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

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

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