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(영문) 대구지방법원 2013.09.05 2013고정1963
상표법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in the clothing sales business under the trade name “C” in Daegu Jung-gu.

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 used for the purpose of transferring or delivering them.

Nevertheless, at around 16:45 on June 11, 2013, the Defendant displayed and kept at the above “C’s clothing store,” 12 points on which the trademark right holder registered with the Korean Intellectual Property Office (registration number No. 0638534), 12 points on which a fake trademark similar to the trademark is attached, 4 points on which a showur window registered with the Korean Intellectual Property Office (registration number No. 075263) by the trademark right holder, and 6 points on which a fake trademark similar to the trademark is attached to the trademark (registration number No. 0790966) registered with the Korean Intellectual Property Office (registration number No. 079096).

Accordingly, the defendant infringed the trademark rights of the trademark right holder.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Photographs of evidence;

1. The original trademark register;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 93 of the Trademark Act concerning facts constituting an offense and the choice of punishment, respectively;

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

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

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