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(영문) 서울중앙지방법원 2020.06.16 2020고정295
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 30, 2019, the Defendant infringed on the trademark rights of the victims by carrying for the purpose of selling a total of 44 punishments of household clothes, such as the three punishments on household effects E with a trademark identical or similar to the trademark registered with the Korean Intellectual Property Office (trademark registration number D) by the victim C at the street point of Defendant’s operation near Seoul Jung-gu, Seoul.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation, such as a control site photograph, the trademark register, each appraisal report, the list of authentic values, and each investigation report;

1. Relevant Article 230 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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 236(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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