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(영문) 서울중앙지방법원 2015.12.10 2015고정4264
상표법위반
Text

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

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

Reasons

Punishment of the crime

On September 3, 2015, at around 14:20, the Defendant infringed on the trademark rights of the trademark holder by displaying 6 points, such as clothing attached with a forged trademark, as indicated in the attached list of crimes, for the purpose of selling a total of 6 points, such as the clothes attached with the trademark, at the “C” store operated by the Defendant with D-80 by Seocho-gu Seoul Seocho-gu, Seoul, for the purpose of selling a total of 6 points, such as clothes attached with the trademark.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. One copy of the appraisal opinion and the price list of the authentic commodity;

1. On the spot and photographs of seized articles;

1. Application of the statutes of the original trademark register;

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

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

1. Selection of an alternative fine for punishment;

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

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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

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