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(영문) 서울북부지방법원 2021.03.19 2021고정184
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 25, 2020, around 20:18, the Defendant displayed 47 products in order to sell them in total, as shown in the attached Form No. 1, 3, etc., on which the trademark right holder B (trademark registration number: D) is marked, at the front of the entrance of the 561 Soak field Green Park, Samyang-ro, Seoul, Gangnam-gu, Seoul, 300, 561 Soak field, and the trademark registration number is identical or similar to D).

Accordingly, the defendant infringed trademark rights of trademark right holders.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (verification of the original register of trademark registration);

1. Article 230 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 236(1) of the Trademark Act that is confiscated;

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

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