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(영문) 대전지방법원 천안지원 2017.11.03 2017고정642
상표법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall infringe on any trademark right or exclusive use right of another person by using or selling a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods.

Nevertheless, on October 11, 2016, the Defendant sold one tts attached with the trademark right holder’s “PEALY GETS” (registration number No. 07956222), without permission of the trademark right holder’s “(State) risk” in Nam-gu, Nam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written appraisal;

1. The Internet NAV Doz. (D) caps and outputs, the certificate of confirmation of the transfer of prices for goods, and the application of the statutes of the original register of trademark registration;

1. Article 230 of the relevant Act on criminal facts, Article 230 of the Trademark Act on the Selection of Punishment, and Selection of Fines;

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) (see, e.g., Supreme Court Decision 2008Da11448, Apr. 2, 201);

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