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(영문) 광주지방법원 2015.09.11 2015고정1060
상표법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall possess goods identical with or similar to the designated goods on which another person's registered trademark or any other trademark similar thereto is marked for the purpose of transfer or delivery.

On April 23, 2015, the Defendant: (a) around 16:15, at the “C” clothing store operated by the Defendant located in Gwangju Northern-gu, Gwangju; (b) ① at the “B” clothes store registered with the Korean Intellectual Property Office (trademark registration number No. 036353, trademark right holder’s trademark number; c) the trademark identical or similar to the trademark indicated with the trademark indicated in the Korean Intellectual Property Office (trademark No. 03633, 0353); (c) the Defendant possessed a fake trademark identical or similar to the trademark indicated in the Korean Intellectual Property Office (Trademark No. 0350206, trademark right holder’s trademark number; d. e., the trademark).

Accordingly, the defendant committed the infringement of trademark rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Reports on occurrence of persons violating the Trademark Act, records of seizure and seizure list;

1. Application of replies to requests for appraisal, such as site photographs and infringement of trademark rights;

1. Article 93 of the relevant Articles of the Trademark Act concerning facts constituting an offense;

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

1. Articles 70 (1) 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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