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(영문) 서울북부지방법원 2020.10.16 2020고정1158
상표법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates "C" in Seongbuk-gu Seoul Metropolitan Government B.

No one shall deliver, sell, forge, imitate or possess a trademark identical or similar to the registered trademark of another person for the purpose of using or making another person use it on goods identical or similar to the designated goods.

Nevertheless, around 14:38 May 25, 2020, the Defendant infringed on the registered trademark rights of “D”, “F”, and “H” by displaying for sale two half of the attached trademark on May 25, 2020, one part, one half of the attachment of “D (trademark registration number E),” which is a well-known brand registered with the Korean Intellectual Property Office, in Seongbuk-gu Seoul Patent Office (Korea Intellectual Property Office).

Summary of Evidence

1. Defendant's legal statement;

1. Written Statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (the submission of goods appraisal certificates and trademark register);

1. Article 230 of the Trademark Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 236(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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