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(영문) 서울동부지방법원 2014.01.17 2013고정2895
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From September 2001, the Defendant was operating a “C” clothes store in Seoul Special Metropolitan City Gwangjin-gu B and the first floor store.

From May 2013, the Defendant, from around September 27, 2013, sold the goods bearing a false trademark at the above clothing store, kept 2 points (280,000 won at the selling price) of the total nine points (1,200,00 won in total) where a false trademark of the same shape as the trademark of the trademark holder "PDA" (No. 350206, trademark registration number) was attached to the above store for the purpose of sale at the above store, and infringed each trademark right by keeping 9 points with a false trademark of the total number of five (1,20,000 won) as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Five copies of the control site photograph; and

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the market price);

1. Article 93 of the Trademark Act and Article 93 of the same Act regarding criminal facts and the choice of fines;

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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