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(영문) 춘천지방법원 2020.04.07 2019고정233
상표법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No one shall deliver, sell, forge, imitate, or possess a trademark identical or similar to the registered trademark of another person in violation of the Trademark Act for the purpose of using or making another person use such trademark on goods identical or similar to the designated goods;

Nevertheless, the Defendant (see, e.g., Supreme Court Decision 201Da1548, Nov. 14, 2018; Supreme Court Decision 2014Da1448, Nov. 14, 2018; Supreme Court Decision 201Da1448, Mar. 25, 2019; Supreme Court Decision 2008Da1288, Nov. 14, 201).

(hereinafter the same shall apply)

The trademark right of the victim company was infringed upon by selling in KRW 12,134,650 (see evidence No. 110 of the evidence record) 311 (rash 88 of the evidence record) of the clothing expressed by theft.

2. The Defendant violating the Copyright Act, at the date and place specified in Paragraph 1, additionally stated the part of the prosecutor’s facts charged in the prosecution to the extent that it does not adversely affect the Defendant’s exercise of the right of defense by reproducing four copies (referring to “E”, hereinafter “E”) of advertising pictures (see Articles 84, 85 of the evidence record) produced by the injured company without permission of the injured company, the copyright holder, and to the extent that the contents of the facts charged are substantially affected, thereby not affecting the change of the subject of adjudication by the

I explained in the same manner.

(See Article 10, 102, 103 of the Evidence Records) The Defendant posted the “C” shopping mall site operated by the Defendant, thereby infringing on the author’s property right of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the statutes governing requests to suspend trademark infringement, photographs of household effects, overall sale of household effects, C-sale products, and closure printed materials;

1. Relevant provisions concerning facts constituting an offense;

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