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(영문) 서울중앙지방법원 2016.10.04 2016고정2733
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

The Defendant is a person who operates a miscellaneous point with the trade name “C” in Seoul Jung-gu B and 36.

No person shall infringe on a trademark right or an exclusive license by an act of possessing goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is used, for transfer or delivery.

Nevertheless, at around 11:45 on March 26, 2016, the Defendant infringed on the trademark rights of the trademark right holder by carrying three separate marks identical or similar to the trademark registered with the Korean Intellectual Property Office (trademark registration number 030235) for the purpose of selling the trademark registered with the Korean Intellectual Property Office (trademark registration number 030235) and by carrying 56 points for sale as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Special reporting on the control of forged goods;

1. Records of seizure and the list of seizure;

1. A letter of appraisal of seized articles;

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

1. Relevant provisions of the Trademark Act and the choice of punishment concerning facts constituting an offense. Article 93 (Selection of Fine)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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