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(영문) 서울중앙지방법원 2013.09.11 2013고정3647
상표법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a clothing sales store called “C” in Seoul Jung-gu, Seoul.

No one shall deliver or sell a trademark identical with or similar to another person's registered trademark for the purpose of using it for goods identical with or similar to the designated goods, or for the purpose of causing it to be used, or forge or possess it.

Nevertheless, from November 201 to December 2012, 201, the Defendant manufactured approximately 100 joints for male use (80,000-85,000 won per store), approximately 30 joints for male use with a trademark identical or similar to the trademark registration number registered with the Korean Intellectual Property Office under Article 0048049, at the above clothing sales store from November 201 to December 201, and sold them to the Internet shopping mall, including D and E, thereby infringing the above company’s trademark right.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (Attachment of trademark registration matters);

1. Application of Acts and subordinate statutes on photographs by cutting off the Internet shopping mall and cutting off the D Internet shopping mall;

1. Article 93 of the relevant Act concerning criminal facts and Article 93 of the Trademark Act regarding the selection of fines;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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