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(영문) 제주지방법원 2014.10.10 2014고정729
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in sales business, such as double-end, in the trade name of “C” in Busan Northern-gu B;

1. Above April 19, 2014

4. On 22. daily 10:00 from around 10:00 to 21:00 each day, the trademark rights of each of the above trademark owners are infringed by displaying 100 a cap attached with the trademark on the event site where “E hotel” (E hotel 1st underground floor) is permanently installed, “THE NTRH FAEE” ("trademark right holder" : a showur Committee), “NEPA” (NEPA) purchased in the vicinity of the Seoul subway Station, and “BLACK YAK” (Co., Ltd.) at the event site near the Seoul subway Station, and selling part of them for sale;

2. From April 27, 2014

4. From the 11:00 on November 29, 200, at the event site where “G hotel” 2nd floor of “G hotel,” located in Jeju City, the trademark right of the above trademark holder was infringed by selling part of the fake “HE NTRHHEEE” trademark attached with 26 mother and child attached with the trademark, 5 mother and child attached with the trademark “NEPA”, 22 mother and child attached with the trademark “BLAK YAK”, and 53 mother and child in total on the display site of the event site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of the Act and subordinate statutes on search and seizure records, list of seizures, “written opinion of appraisal, trademark register, list of crimes, list of crimes,” and on-site photographing photographs;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 93 of the Trademark Act and the choice of fines;

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

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

1. Confiscation: Article 97-2 (1) of the Trademark Act;

1. Provisional Payment Order: A punishment shall be imposed as ordered by taking into account all the following circumstances as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: Recognizing the facts of the crime, the fact that the favorable circumstances are recognized and seriously reflected, the profits gained from the crime is not significant, and there is no criminal record exceeding the same criminal record or fine, and since 198.

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