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(영문) 서울중앙지방법원 2013.09.05 2013고정2978
상표법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who sells clothing using an Internet site (E) in the 6th floor of the Jung-gu Seoul Metropolitan Government C building D.

No act of using a trademark identical with the registered trademark of another person on goods similar to the designated goods thereof, or displaying or distributing a trademark on advertisements, price lists, transaction documents, signboards, or labels on goods identical with or similar to the designated goods, shall be allowed.

Nevertheless, from January 31, 2012 to December 12, 2012, the Defendant, at the Internet site (E) operated by the aforementioned “D, sold 39,000 won clothes in the manner of displaying “CHLE” registered with the Korean Intellectual Property Office under Article 061859 as the designated goods on May 19, 2005, by setting forth the category of “CHLE” in Article 25, such as primary feet, which is detached at the time of towing from the Internet site (E) operated by the said “D,” as the designated goods, and thereby infringing the trademark right of the said trademark owner by keeping 1 clothing for sale.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A certified copy of the trademark registration register, confirmation of whether a counterfeit product is a genuine product, a megato, a business registration certificate, a report on a communications sales business, data related to the purchase and sale of clothing, a store in towing, and a trademark data collection which mainly uses a certified copy of the trademark registration register, and a 2012 (Patent Office);

1. Application of Acts and subordinate statutes to the following screen pictures, fluoric pictures, screen output on which chloe is used on the D website, fluor screen, fluor screen, and the following screen pictures:

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment to be suspended under Article 59(1) of the Criminal Act: 500,000 won for the first time, the confession, and the scale of crimes are large;

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