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(영문) 대구지방법원 경주지원 2016.05.26 2016고정44
상표법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates D (used) stores on the first floor of the building C at the time of racing.

On November 12, 2015, the Defendant, at around 15:30 on November 12, 2015, displayed the processed trademark of lux in the above store for the purpose of selling 10 points Handbags and 12 points luxbags in the above store, thereby infringing on the trademark right of the trademark right of the lubag belt.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the total list of seized articles, report on the occurrence of a case suspected of violating the Trademark Act (D, lubined matter), photographs, records of seizure, list of seizure, statutes of the original register of trademark registration;

1. Relevant legal provisions concerning criminal facts and Article 93 of the elective Trademark Act (the selection of a punishment, the Defendant’s conviction in depth, and the Defendant’s mistake in depth, the Defendant appears not to have much profits acquired from the instant crime, but to be in an economically difficult situation, such as the fact that there seems to be a very difficult situation, and the Defendant has no record of committing any crime)

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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