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(영문) 대구지방법원 2014.02.14 2013고정2936
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

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, around 08:50 on October 16, 2013, at the “C” clothing retail store located in Daegu-gu, Daegu-gu, the Defendant displayed and stored 15,000 won for the purpose of selling to customers the following: (a) the sales, which stolen the trademark identical or similar to the Korean Intellectual Property Office’s registration number No. 638534; (b) 12 exhaustrts equivalent to KRW 15,000; (c) 5,000 won for sales; (d) 15,000 won for sales; (e) 2; (e) the sales, which stolen the trademark “Cop”, No. 7960, Jun. 6, 2013; and (e) 15,000 won for each 15,000 won for each Do joint 20,000 customers.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. The original trademark register;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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