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(영문) 수원지방법원 평택지원 2013.09.05 2013고정438
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a garment store.

On March 30, 2013, at around 10:13, the Defendant infringed on the trademark right by displaying 60 frans attached with the trademark of "Adidas" registered with the Korean Intellectual Property Office in the street, 26 frans attached with the trademark of "Adidas", 19 frans attached with the trademark of "Ahumml", 23 frans attached with the trademark of "Amp", 2, 700,000 won attached with the trademark of "blakyak", for sale of goods equivalent to KRW 2,70,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the registered trademark of the Korean Intellectual Property Office;

1. Seizure record and list;

1. Application of Acts and subordinate statutes governing seized articles;

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

1. It is so decided as per Disposition by the assent of all participating Justices, in view of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is recognized to commit a crime, there is no previous crime, there is no benefit by regulating it before sale, and all purchased forged trademark attached are confiscated, etc., with the intention to partially reduce the fines specified in the summary order.

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