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(영문) 대구지방법원 2016.06.22 2016고정77
상표법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged shall not use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods and shall not deliver, sell, forge, imitate, or possess such trademark for the purpose of using or making another person use such trademark;

On August 31, 2015, at around 14:00, the Defendant, at the “C’s clothes sales store located in Nam-gu, Daegu-gu Defendant’s located in the Defendant’s located in the Republic of Korea, stored in the Republic of Korea for sale of the forged middle margin 6 points bearing a trademark similar to the design of the trademark (LOUIS VITON) registered with the Korean Intellectual Property Office, thereby infringing on the trademark right of the said registered trademark.

2. The evidence presented by the Prosecutor alone is insufficient to recognize that the Defendant was a forged product. There is no other evidence to prove that the Defendant was a forged product.

Therefore, since the facts charged in this case constitute a case where there is no proof of crime, it is so decided as per Disposition by the assent of Article 325 of the Criminal Procedure Act to determine innocence in accordance with the latter part of Article 325 of the Criminal Procedure Act.

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