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(영문) 서울중앙지방법원 2016.12.20 2016고정3566
상표법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who sells liquid accounting and miscellaneous values at the second floor J-5 store in Jung-gu, Seoul.

No person shall deliver, sell, forge, forge, or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods.

Nevertheless, at around 16:00 on July 12, 2016, the Defendant displayed and stored a trademark identical or similar to another person’s registered trademark in Jung-gu Seoul, Jung-gu, Seoul, on the second floor J-5, for sale purposes, such as the attached list of crimes, and displayed and stored a trademark identical or similar to another person’s registered trademark without permission on goods identical or similar to the designated goods, and thereby infringing another person’s trademark right registered with the Korean Intellectual Property Office.

Summary of Evidence

1. Defendant's legal statement;

1. Suppression photographs;

1. The police seizure record and the list of seizure;

1. A written appraisal report;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes of a copy of trademark register;

1. Relevant statutory provisions and Article 93 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) regarding criminal facts;

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

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

1. Article 97-2 (1) of the former Trademark Act that has been confiscated;

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

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