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(영문) 서울중앙지방법원 2014.01.16 2013고정6202
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

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, around 00:05 on October 15, 2013, the Defendant infringed upon the trademark right holder by carrying and keeping goods, such as clothes (trademark registration number 0301682), which are identical or similar to those attached to the Korean Intellectual Property Office (trademark registration number 0497230), butteri (trademark registration number 0396213), Loenna (trademark registration number 0470134), alar (trademark registration number 0470134), alar (trademark registration number 02031999), luba (trademark registration number 0178610), luba (trademark registration number 0489099) with the Korean Intellectual Property Office as designated goods at the street points in front of the building B in Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A seizure record and a list of seized articles;

1. Copy of an appraisal report and the original trademark register;

1. Application of Acts and subordinate statutes to the scene photographs of crackdowns and photographs of seized objects;

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

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

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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