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(영문) 대구지방법원 2013.07.18 2013고정991
상표법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who makes a miscellaneous retail store.

No one shall use a trademark identical or similar to another person's registered trademark registered with the Korean Intellectual Property Office for goods identical or similar to such designated goods, or display or keep such products for sale.

Nevertheless, at around 12:30 on March 16, 2013, the Defendant displayed and stored at the display stand 33 trademarks for the purpose of selling to customers, as shown in the attached Form 9, such as 9 in the list of crimes, where the Defendant used the trademark identical or similar to the trademark of the Korean Intellectual Property Office No. 40466, which is the registration number of the Korean Intellectual Property Office No. 4046, in the Daegu Jung-gu B World Trade Organization No. 4 "C" at the miscellaneous retail store.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A and D statements;

1. Records of seizure and the list of seizure;

1. The original trademark register;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 70 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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