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(영문) 춘천지방법원 2016.05.11 2016고정82
상표법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is operating "C" in Chuncheon City B.

On September 1, 2015, the Defendant infringed on the victim’s trademark right by displaying two wallets that forged the trademark on the part of the victim lux lebro (trademark registration No. 1231194, 030235, 0472496), and four bags for sale at the above store.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of seizure records and list statutes;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding criminal facts, the choice of fines, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 97-2 (1) of the Trademark Act that has been confiscated;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake in depth; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant has no record of criminal punishment except for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc.; and (d) the Defendant appears to have weak awareness of illegality of the instant act; (b) the Defendant appears to have been aware of the Defendant’s age, sexual conduct, environment, motive, means, and consequence leading to the instant act; (c) the circumstances after the commission of the crime; and (d) the records and changes of the instant case.

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