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(영문) 서울동부지방법원 2016.05.24 2016고정310
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a miscellaneous point with the trade name "C" in Gwangjin-gu Seoul Special Metropolitan City.

At around 13:10 on December 3, 2015, the Defendant infringed on the trademark rights of the trademark right holder by holding in order to sell the bags with a forged trademark of the same shape as the trademark registration of "LOUIS VITON" (Trademark No. 0059471) at the above miscellaneous point on December 3, 2015.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements prepared in D;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing the register of non-permanent trademarks;

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

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

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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