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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 안양지원 2014.06.27 2014고정402
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

On February 9, 2014, while the Defendant operated the “C clothing” store in Ansan-si B and 103, on February 16:15, 2014, the Defendant: (a) on February 22, 1996, the Defendant: (b) on which the trademark registration (registration number: 0380952; (c) the designated goods: 045 Category 1, 3, 3, 4, 50, 50, 105, 1: (d) the trademark registration number attached on April 7, 1995 [registration number: 035624; (d) the designated goods: 045, 045, 108, 105, 205, 3: 50, 15: 50, 205, 5: 1: 5: 1: 5: 1: 500, 1: 5: 3: 5: 1: 5: 1: 1. 10, 105. 10. Ga, 5. 5. 1. 1. 1.

Accordingly, the Defendant violated each trademark right holder by possessing goods identical with or similar to the designated goods on which another person’s registered trademark is indicated.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. Application of the statutes of the original trademark register;

1. Article 93 of the Trademark Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Taking into account such circumstances as: (a) the first offense for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant mainly sold stuffs while operating the clothing store; (c) the quantity of the goods possessed in contravention of the Trademark Act is relatively large; and (d) the closure of the clothing store and the fact that the clothing store was not re-offending; and

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