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Reasons
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(영문) 춘천지방법원 2014.05.01 2014고정117
상표법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around September 2012, the Defendant is a person who sells clothes, etc. while opening and operating a “B” online following the carpet around the Internet.

1. On September 27, 2012, the Defendant sold clothing 831 points (total selling price of KRW 38,83,000, total selling price of 78,295,000, total selling price of refined goods) attached with a forged trademark of the same shape as that of the trademark right holder to D who ordered goods through the above carpet at the Defendant’s house located in Chuncheon City, 203 104 and 104, from September 27, 2012, including selling for KRW 28,00,00, a trademark of the same shape as that of the trademark owner’s trademark on July 26, 2013.

Accordingly, the defendant infringed on the trademark right of the victim's primary parent company.

2. On July 30, 2013, at the Defendant’s home as indicated in paragraph (1) of this Article, the Defendant kept 5 to sell “BEN PALE (registration number No. 0659869),” a registered trademark of the owner of the trademark at the Defendant’s home,” “BEN PALE (registration number No. 0659)” for the purpose of selling 5 (the total 62 points of clothing attached with the forged trademark, the total 5,690,00 won)”, a registered trademark of “THENHFAE (registration number No. 075263), which is identical to the trademark of the owner of the trademark at the Defendant’s home.

As a result, the defendant infringed the trademark rights of Shamadsur Commission, which are the victim's Japanese Embama Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Each protocol of seizure;

1. The list of seizure;

1. An investigation report (a report accompanied by data cutting down the goods sold in the BC page);

1. An investigation report (a report on the execution of a warrant of search and seizure for, and a report on the results of execution of, a warrant of search and seizure and accompanying documents);

1. An investigation report (report attached to the Trademark Register);

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