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(영문) 서울중앙지방법원 2014.04.25 2014고정817
상표법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates a street in front of the middle-gu Seoul Metropolitan Government.

No one shall deliver, sell, possess, etc. a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use it on goods similar to the designated goods.

Nevertheless, at around 23:45 on January 6, 2014, the Defendant infringed the trademark right of the said trademark right holder by possessing 120 points, 100 points, 20 points, 20 points, 20 points, 9 points, and 9 points to sell to many unspecified customers, attached to the Loglusian trademark (LOIS VITON) registered with the Korean Intellectual Property Office.

The Defendant, including this, infringed upon the trademark rights of the trademark right holders, at the same time and at the same place as above, 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. A written appraisal report;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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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