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(영문) 울산지방법원 2015.12.21 2015고단2741
상표법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The recipient is a person engaged in the business of selling clothes.

From around 2011 to September 10, 2015, the Defendant sold counterfeit products bearing a total of 22 marks as shown in the attached list of crimes, such as selling 5 points to the Korean Intellectual Property Office, which had been registered as a trademark of the Republic of Korea with the same trademark as the bags attached, to the Korean Intellectual Property Office, within the “C” located in Ulsan-gu B, Ulsan-gu, Ulsan-gu, 201, and the Defendant infringed on the trademark rights of the relevant trademark owners by keeping six points for sale, as shown in the attached list of crimes, in total 88 points as in the attached list of crimes, such as keeping six points for bags for sale.

Summary of Evidence

1. Defendant's legal statement;

1. Seven copies of the seizure records and photographs;

1. A fixed price list;

1. Application of Acts and subordinate statutes of 10 copies of the trademark register;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (the confession of a criminal defendant and the misunderstanding appears, any criminal punishment power exists, the size of the goods sold and kept in custody, and the benefits acquired by the criminal defendant, etc.);

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

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;

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

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