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(영문) 서울중앙지방법원 2016.12.08 2016고정3354
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 is a person who sells goods through the NAB “B”.

Although the Defendant did not transfer or deliver goods identical with or similar to the designated goods on which another person’s registered trademark or any other similar trademark is used, or possess, exhibit, or import the goods for such purpose, the Defendant infringed upon the trademark right (trademark registration number: 40-01090-000) duly registered for another person’s lawful sale of 112,000 won in a fake, on December 17, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Civil petitions, Kakakao data, sales articles photographs, and photographs of national newspapers;

1. A written appraisal of forged goods;

1. Application of Acts and subordinate statutes to investigation report (as to whether a trademark registration is made or not on an online site);

1. Relevant statutory provisions and Article 93 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016) regarding criminal facts;

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

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

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