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(영문) 인천지방법원 2013.10.17 2013고정1015 (1)
상표법위반
Text

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

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

Reasons

Punishment of the crime

No trademark identical with the registered trademark of another person shall be used for goods similar to the designated goods or used for goods similar to the registered trademark of another person.

Nevertheless, the defendant loaded counterfeit goods in Hong Kong, and B took charge of the name of customs clearance and domestic sales.

On April 13, 201, the Defendant, without legitimate authority to use trademark rights to the Incheon Airport Customs Office located in Jung-gu Incheon, Jung-gu, Incheon, Incheon, on April 13, 201, imported the total of 1,800 of the forged Bats 1,200 using a trademark identical or similar to the trademark (registration number No. 009493) registered with the Korean Intellectual Property Office (registration number No. 009493) as the designated goods by the trademark owner’s age 1,200 using the same method as the trademark registered with the Korean Intellectual Property Office (registration No. 009493).

Accordingly, the defendant, in collusion with B, infringed the trademark right of the trademark owner.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each statement of authenticity;

1. Relevant legal provisions concerning facts constituting an offense, Article 93 of the Trademark Act, and Article 30 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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