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(영문) 서울동부지방법원 2016.04.28 2016고정327
상표법위반
Text

Defendant shall be punished by a fine of 1.5 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 operates the clothes with the trade name of “C” in Songpa-gu Seoul Metropolitan Government.

From May 28, 2015 to July 6, 2015, the Defendant: (a) sold 10 points in a shape identical to the trademark owner’s “LOUIS VITN” (No. 0059471) in the above clothing; (b) sold 8 points in a total of 10 points, such as bags, bags, bags, and ear posts with three brand forged trademarks attached; (c) around July 17, 2015, the Defendant sold the trademark owner’s trademark registration mark “in the above clothes,” which was registered as the trademark owner’s “LOIS VITNN” (No. 059471); and (d) sold the trademark in a shape identical to that of the trademark owner’s brand that was attached to 7:06, a trademark owner’s brand that was identical to the trademark registration number No. 2505, May 25, 2015 (hereinafter referred to as “trademark registration number 205”).

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal;

1. Purchasing photographs of goods;

1. Register and investigation report of each trademark;

1. Application of seizure records and statutes concerning the list of seizure;

1. Each of the relevant provisions of the Trademark Act regarding facts constituting an offense. Article 93 of the same Act (Selection of fines, including each of the registered trademarks);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

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