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(영문) 서울동부지방법원 2015.09.11 2015고정1312
상표법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who sells clothes with the trade name “C” in Songpa-gu Seoul Metropolitan Government 50.

On April 10, 2015, around 14:30, the Defendant displayed and stored 14 points (11,859,000 won at the estimated price of the good) including the garment, on which a forged trademark in the same shape is attached, which is the registered trademark of “Bluri (BURBERY)” (registration No. 0497230) of the owner of the trademark right, “Bluri” (registration No. 0497230), as well as the 14 points (1,280,000 won at the estimated price of the good), such as the wall on which a forged trademark is attached, for the purpose of sale, and infringed the trademark rights of the owner of the trademark.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. On the spot and photographs of seized articles;

1. Investigation report (Attachment of written opinions, etc.) - The estimated price for authentic goods, appraisal opinion, and price list of authentic goods;

1. The original trademark register;

1. Application of a copy of business registration certificate;

1. Relevant Articles of the Act and Article 93 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 and Article 48 (1) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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