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(영문) 수원지방법원 2016.07.14 2016고정1363
상표법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 10, 2016, around 15:25, the Defendant infringed upon the trademark rights of each trademark right holder by selling to the needy persons a sum of the 319 On, 15:25,000 square meters, 109 square meters, 180,000 square meters, 180,000 square meters, 23 square meters, 319,000 square meters, and 319,000 square meters, on the road side of the 1124-7, 1124-7, the Agricultural Cooperative Federation of the Agricultural Cooperatives.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 93 of the Trademark Act concerning facts constituting an offense (including each registered trademark);

1. Article 40 and Article 50 of the Criminal Act recognize ex officio a person who has been prosecuted for a single crime. Articles 40 and 50 of the Criminal Act are applicable to such person.

1. Selection of an alternative fine for punishment;

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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